Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 14 lets a defending party, or a plaintiff facing a counterclaim, bring in a nonparty who may owe them all or part of what they could end up owing, and lets the court sever or try that added claim separately if it would cause confusion or unfair prejudice.
(A)When defendant may bring in third party. 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 him for all or part of the plaintiff’s claim against him. The third-party plaintiff must file the third-party complaint with his original answer or by leave of court thereafter with good cause shown. The person served with the summons and the third-party complaint, hereinafter called the third-party defendant, as provided in Rules 12 and 13 may make:
(1)his defenses, cross-claims and counterclaims to the third-party plaintiff’s claims;
(2)his defenses, counterclaims and cross-claims against any other defendants or third- party defendants;
(3)any defenses or claims which the third-party plaintiff has to the plaintiff’s claim which are available to the third-party defendant against the plaintiff; and
(4)any defenses or claims which the third-party defendant has as against the plaintiff. The plaintiff may assert any claim against the third-party defendant who thereupon may assert his defenses, counterclaims and cross-claims, as provided in Rules 12 and 13. 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 him for all or part of the claim made in the action against the third- party defendant.
(B)When plaintiff may bring in third party. When a counterclaim or other claim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances, which, under this rule, would entitle a defendant to do so.
(C)Severance--Parties improperly impleaded. With his responsive pleading or by motion prior thereto, any party may move for severance of a third-party claim or ensuing claim as provided in this rule or for a separate trial thereon. If the third-party defendant is a proper party to the proceedings under any other rule relating to parties, the action shall continue as in other cases where he is made a party.
Amendment History
This rule’s current text took effect January 1, 1971. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Trial Rule 14 covers third-party practice — what lawyers call impleader. Section A lets a defendant pull a new party into the lawsuit by serving that person with a summons and a third-party complaint, but only if the new party is or may be liable for all or part of whatever the defendant ends up owing the plaintiff. Filing the third-party complaint along with the original answer requires no separate permission from the court. Filing it later takes leave of court and a showing of good cause. Once served, the third-party defendant steps into a four-cornered dispute: they can raise defenses and claims against the party who brought them in, against any other defendants already in the case, and — because the rule lets the original plaintiff sue them directly too — against the plaintiff as well. The third-party defendant can even raise any defense the original defendant has against the plaintiff, which protects the newcomer if the defendant who brought them in forgets to raise a defense that would have helped everyone. And a third-party defendant isn’t stuck at the bottom of the chain — they can implead their own third-party defendant under the same rule, if someone else is or may be on the hook to them.
Section B flips the arrangement around. If someone asserts a counterclaim or other claim against the original plaintiff, that plaintiff can bring in a new party on the same terms a defendant would use.
Section C addresses what happens when a third-party claim doesn’t belong in the case, or belongs but shouldn’t be tried alongside everything else. Any party can move — with a responsive pleading or before one — to sever the claim or ask for a separate trial. Indiana’s rule adds something the federal rule doesn’t have: if the third-party defendant turns out to be a proper party under some other rule governing parties, the case continues with that party in it rather than being dismissed outright, even where the impleader itself was improper.
Frequently Asked Questions
What is impleader under Trial Rule 14?
Impleader is the process a defendant uses to bring a new party — called a third-party defendant — into an existing lawsuit, based on the claim that this new party is or may be liable for all or part of what the defendant might have to pay the plaintiff. Trial Rule 14 sets out how and when a defending party, or, under Section B, a plaintiff facing a counterclaim, can do this.
Do I need the court’s permission to file a third-party complaint?
Not if you file it along with your original answer — Trial Rule 14(A) lets you do that as a matter of course. If you want to bring in a third-party defendant later, you need leave of court, and you have to show good cause for the delay.
What can a third-party defendant do once they’ve been served?
A third-party defendant can raise defenses, cross-claims, and counterclaims against the party who impleaded them, and against any other defendants or third-party defendants in the case. They can also raise, against the plaintiff, any defense the third-party plaintiff has to the plaintiff’s original claim, along with any defenses or claims they have of their own against the plaintiff.
Can the plaintiff sue the third-party defendant directly?
Yes. Trial Rule 14(A) lets the plaintiff assert a claim directly against a third-party defendant once that party has been brought into the case, and the third-party defendant can respond with the same range of defenses and counterclaims available to any other defendant.
Can a third-party defendant bring in someone else?
Yes. A third-party defendant can use Trial Rule 14 the same way the original defendant did, impleading any nonparty who is or may be liable to them for all or part of the claim now being made against them.
When will a court sever a third-party claim or order a separate trial?
Under Trial Rule 14(C), any party can move — with a responsive pleading or before one — to sever a third-party claim or have it tried separately. Courts weigh whether keeping the claim in the same trial would cause confusion, delay, or unfair prejudice against the benefit of resolving everything at once.
Am I required to implead someone, or can I sue them later in a separate case?
Trial Rule 14 is permissive — the word throughout is “may,” not “must.” A defendant who chooses not to implead a potentially liable third party in the current case generally keeps the option of pursuing that party in a later lawsuit instead.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 14). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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