Rule 211.Third-Party Practice

Rule 211 adds people to a case.

Third-party practice

A responding party may, as third-party petitioner, serve a summons and petition on a nonparty who is or may be liable to it for all or part of the moving party's claim against it. No leave is needed within 14 days after serving its answer; after that it must move for leave.

The third-party respondent must make its defenses under Rule 205 and assert any compulsory counterclaim under Rule 210(a), and may assert permissive counterclaims or cross-claims. The petitioner may then assert against the third-party respondent any claim arising out of the same transaction or occurrence, which triggers the same obligations in return. Any party may move to strike, sever, or try separately the third-party claim. A moving party against whom a claim is asserted may bring in a third party on the same terms.

Who must be joined

A person subject to service will be joined if, in that person's absence, the court cannot accord complete relief among existing parties; or the person claims an interest in the subject of the action and is so situated that proceeding without them may as a practical matter impair or impede their ability to protect it, or leave existing parties exposed to double, multiple, or inconsistent obligations.

Where such a person has not been joined, the court must order it. A person who refuses to join as a petitioner may be made a respondent or, in a proper case, an involuntary petitioner.

When joinder is not feasible

The court decides whether, in equity and good conscience, the action should proceed or be dismissed — weighing prejudice to the absent person and to existing parties; whether prejudice could be lessened by protective provisions, shaping the relief, or other measures; whether a judgment rendered in the person's absence would be adequate; and whether the petitioner would have an adequate remedy if the action were dismissed.

Permissive joinder, and mistakes

Persons may join or be joined where relief is asserted jointly, severally, or in the alternative arising out of the same transaction, occurrence, or series of them, and a common question of law or fact will arise. Neither side need be interested in all the relief demanded, and the court may grant judgment to and against individual parties according to their rights and liabilities.

Finally, misjoinder is not a ground for dismissing an action. On motion or on its own, at any time and on just terms, the court may add or drop a party, and may sever any claim against a party.