Rule 3-332.Third-party practice
District Court · Last amended July 1, 2011 · Last verified July 13, 2026
Full Text of Rule 3-332
Amendment History
Amended June 21, 1995, effective Sept. 1, 1995; June 7, 2011, effective July 1, 2011.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former M.D.R. 315 a and b.
Section (b) is derived from former M.D.R. 302 a.
Section (c) is derived from former Rule 315 d.
Section (d) is derived from former Rule 315 f 1 and 2.
Section (e) is derived from former M.D.R. 315 a.
Plain-English Summary
Third-party practice lets a defendant pull someone else into the lawsuit who isn't yet a party but who may be on the hook for all or part of what the plaintiff is claiming against the defendant. The defendant, now also a third-party plaintiff, has a summons and complaint served on that person, along with copies of everything already filed in the case. Once served, that person becomes a third-party defendant with real obligations: they have to file their own notice of intention to defend, and they can assert counterclaims against the defendant who brought them in and cross-claims against other third-party defendants, the same way any party could. They can also raise any defense the original defendant has against the plaintiff, and can bring their own claim against the plaintiff if it arises from the same transaction or occurrence as the plaintiff's claim against the original defendant.
The plaintiff isn't a bystander to this process. If the plaintiff has a claim against the third-party defendant arising from that same transaction or occurrence, the plaintiff has to raise it in the pending case — the third-party defendant then files a notice of intention to defend and can counterclaim or cross-claim just as before. Sitting on that claim carries a real cost: a plaintiff who doesn't raise it here can't bring it later in a separate lawsuit once the third-party defendant has been impleaded. That consequence doesn't apply if the third-party claim itself was struck as untimely.
Third-party practice can go another layer deep. A third-party defendant can implead someone else who may owe them for the claim, using the same procedure. And if a counterclaim is filed against the plaintiff, the plaintiff can bring in a third party too, on the same footing as a defendant could. The one hard limit is timing: a defendant has to file a third-party claim before the 10 days leading up to trial. Inside that final 10-day window, or after trial has already started, a third-party claim needs either the plaintiff's consent or a court order.
Frequently Asked Questions
What is third-party practice?
It lets a defendant bring a new party into the case — a third-party defendant — who may be liable to the defendant for all or part of what the plaintiff is claiming. It keeps related liability disputes in one lawsuit instead of a separate one.
What does a third-party defendant have to do once served?
File a notice of intention to defend. From there, the third-party defendant can assert counterclaims against the party who brought them in, cross-claims against other third-party defendants, defenses the original defendant has against the plaintiff, and related claims of their own against the plaintiff.
Does the plaintiff have to do anything about the third-party defendant?
If the plaintiff has a claim against the third-party defendant arising from the same transaction or occurrence, the plaintiff has to raise it in the pending case. Failing to do so generally blocks the plaintiff from suing on that claim later in a separate action.
Can a third-party defendant bring in yet another party?
Yes. A third-party defendant can implead someone else who may be liable to them for the claim, using the same procedure a defendant would use.
Is there a deadline to file a third-party claim?
A defendant has to file it before the 10 days leading up to the scheduled trial date. Within that final window, or after trial has started, filing needs either the plaintiff's consent or a court order.