(a) When defendant may bring in third- party. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the plaintiff or the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than 10 days after serving the original answer. Otherwise the third-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make any defenses to the third-party plaintiff's claim as provided in Rule 12 and any counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert any defenses as provided in Rule 12 and any counterclaims and cross-claims as provided in Rule 13. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant.
Rule 14.Third-Party Practice.
Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 14 lets a defendant bring in a new party who may owe the defendant all or part of what the defendant owes the plaintiff, and lets a plaintiff do the same against a counterclaim defendant.
Full Text of Rule 14
(b) When plaintiff may bring in third party. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
Rule 14 lets a defending party, now called a third-party plaintiff, serve a summons and complaint on someone not yet in the case who is or may be liable to the defendant for all or part of the plaintiff's claim. If the third-party complaint is filed within 10 days after the original answer, no court permission is needed; after that, the third-party plaintiff must ask the court for leave. The new party, called the third-party defendant, must raise defenses under Rule 12 and any counterclaims or cross-claims under Rule 13, and may raise against the plaintiff any defense the third-party plaintiff has, plus any claim arising from the same transaction. The plaintiff, in turn, may assert a claim directly against the third-party defendant arising from that same transaction, and any party may move to strike the third-party claim or have it severed or tried separately.
The rule extends the same mechanism to a plaintiff: when a defendant asserts a counterclaim against the plaintiff, the plaintiff may bring in a third party under the same circumstances that would let a defendant do so.
Frequently Asked Questions
How does a defendant bring a new party into a lawsuit under Rule 14?
By serving a summons and third-party complaint on a person who is or may be liable to the defendant for all or part of the plaintiff's claim; no leave of court is needed if filed within 10 days of the original answer, otherwise the defendant must get the court's permission.
What can the third-party defendant do once brought into the case?
Can a plaintiff use third-party practice too?
Yes. Rule 14(b) lets a plaintiff bring in a third party under the same circumstances that would entitle a defendant to do so, once a counterclaim has been asserted against that plaintiff.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 14). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: third-party complaintimpleaderbringing in a third party