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Rule 14.01.When defendant may bring in third party.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceLets a defendant, with the court's permission, bring a new party into the lawsuit as a third-party defendant by claiming that person is or may be liable for all or part of what the defendant owes the original plaintiff.

Full Text of Rule 14.01

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A defendant may move for leave as a third-party plaintiff to assert a claim against 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. If the motion is granted, summons and a copy of the third-party complaint, with a copy of the original complaint attached as an exhibit, shall be served on such a person, who shall be called the third-party defendant. He shall make his defenses to the third-party plaintiff's claim as provided in Rule 12 and his 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 his defenses as provided in Rule 12 and his counterclaims and cross claims as provided in Rule 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.

Amendment History

The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.

Plain-English Summary

Rule 14.01 covers what lawyers call impleader -- bringing a new defendant into an existing case. If a defendant believes someone who isn't yet part of the lawsuit should share or absorb the liability the plaintiff is trying to pin on the defendant, the defendant can move for leave to file a third-party complaint against that person. Once the court grants the motion, the defendant serves summons and the third-party complaint, along with a copy of the original complaint, on the new party, who becomes the third-party defendant.

The third-party defendant answers under Rule 12 and can raise counterclaims or cross claims under Rule 13, and can also raise against the plaintiff any defense the original defendant has, plus any claim of its own that arises from the same transaction or occurrence. The plaintiff, in turn, may assert a claim directly against the third-party defendant arising from that same transaction or occurrence, and the third-party defendant answers that claim under Rule 12 as well. A third-party defendant can chain the process further, bringing in additional third-party defendants under this same rule.

Frequently Asked Questions

How does a defendant bring a third party into a Kentucky lawsuit?

Under Rule 14.01, a defendant moves the court for leave to file a third-party complaint against someone not already a party who is or may be liable for all or part of the plaintiff's claim. If the court grants the motion, the defendant serves that person with a summons and the third-party complaint, with the original complaint attached.

Can the plaintiff sue the third-party defendant directly?

Yes. Rule 14.01 lets the plaintiff assert a claim directly against the third-party defendant, as long as it arises out of the same transaction or occurrence as the plaintiff's claim against the original defendant.

Can a third-party defendant bring in yet another party?

Rule 14.01 allows a third-party defendant to proceed under the same rule against any other person not already a party who is or may be liable for all or part of the claim made against the third-party defendant.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 14.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
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