A defendant who does not bring in as a third party defendant a person who is liable to him for all or part of the principal demand does not on that account lose his right or cause of action against such person, unless the latter proves that he had means of defeating the action which were not used, because the defendant either failed to bring him in as a third party defendant, or neglected to apprise him that the suit had been brought. The same rule obtains with respect to a defendant in reconvention who fails to bring in as a third party defendant a person who is liable to him for all or part of the reconventional demand.
Art. 1113.Effect of Failure to Bring In Third Party
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 6. Incidental Actions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1113 provides that a defendant who doesn't bring in a third party liable for all or part of the principal or reconventional demand doesn't lose the right to sue that person later, unless the person proves the defendant's failure to implead or notify them cost them a real defense.
Full Text of Art. 1113
Plain-English Summary
Article 1111 makes the third-party demand available; it doesn't make it mandatory. Article 1113 confirms that a defendant who skips it doesn't automatically forfeit the right to later sue the person who was liable for all or part of the principal demand.
The forfeiture only kicks in when the third party can show real prejudice. If the person who should have been impleaded proves that the defendant's failure to bring them into the case, or failure to even tell them the suit had been filed, cost them the means of defeating the claim — a defense they had but never got the chance to use — the defendant does lose the right to sue them separately. Absent that showing, the later suit remains available.
Article 1113 applies the identical rule to a defendant in reconvention who fails to bring in a third party liable for the reconventional demand. The same prejudice standard governs both situations, and this is the exception Article 1037 flags when it talks about claims that aren't automatically preserved for a later suit.
Frequently Asked Questions
Does a defendant lose the right to sue a third party just by not bringing them into the current lawsuit?
Not automatically. Article 1113 preserves that right unless the third party proves the defendant's failure to implead or notify them cost them a real defense.
What does the third party have to prove to defeat a later separate suit?
That they had means of defeating the original action that went unused, because the defendant either failed to bring them in as a third-party defendant or failed to tell them the suit had been filed.
Does the same rule apply to a defendant in reconvention?
Yes. Article 1113 applies the identical standard to a defendant in reconvention who doesn't bring in a third party liable for the reconventional demand.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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