Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.204 lets a defending party -- and, in the right circumstances, a plaintiff -- bring a new party into the lawsuit to answer for all or part of a claim already being litigated, a device commonly called impleader.
(1)Subject to the provisions of MCL 500.3030, any time after commencement of an action, a defending party, as a third-party plaintiff, may serve a summons and complaint on a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim. The third-party plaintiff need not obtain leave to make the service if the third-party complaint is filed within 21 days after the third-party plaintiff's original answer was filed. Otherwise, leave on motion with notice to all parties is required. Unless the court orders otherwise, the summons issued on the filing of a third-party complaint is valid for 21 days after it is issued, and must include the expiration date. See MCR 2.102(B)(8).
(2)Within the time provided by MCR 2.108(A)(1)-(3), the person served with the summons and third-party complaint (the “third-party defendant”) must respond to the third-party plaintiff's claim as provided in MCR 2.111, and may file counterclaims against the third- party plaintiff and cross-claims against other parties as provided in MCR 2.203. 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 a 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.
(3)The plaintiff may assert a 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 must respond as provided in MCR 2.111 and may file counterclaims and cross-claims as provided in MCR 2.203.
(4)A party may move for severance, separate trial, or dismissal of the third-party claim. The court may direct entry of a final judgment on either the original claim or the third-party claim, in accordance with MCR 2.604(B).
(5)A third-party defendant may proceed under this rule against a person not a party to the action who is or may be liable to the third-party defendant for all or part of a claim made in the action against the third-party defendant.
(B)When Plaintiff May Bring in Third Party. A plaintiff against whom a claim or counterclaim is asserted may bring in a third party under this rule to the same extent as a defendant.
(C)Exception; Small Claims. The provisions of this rule do not apply to actions in the small claims division of the district court.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Any defending party can serve a summons and complaint on someone not yet in the case who is or may be liable to that party for all or part of the claim already asserted against them, becoming a third-party plaintiff in the process. No court permission is needed if the third-party complaint is filed within 21 days of the party's own original answer; after that, filing requires leave of court on a motion with notice to everyone else. The person newly served, the third-party defendant, must respond the same way any defendant would, and can bring counterclaims against the third-party plaintiff and cross-claims against other parties, assert the third-party plaintiff's own defenses against the original plaintiff, and even bring a related claim against that plaintiff arising from the same transaction or occurrence.
The plaintiff, in turn, can assert a claim against the third-party defendant from that same transaction or occurrence, and the third-party defendant responds and can counterclaim or cross-claim just as before. Any party can move to sever the third-party claim, ask for a separate trial, or seek its dismissal, and a third-party defendant can go on to implead someone else under this same rule. A plaintiff facing a counterclaim can use this rule too, bringing in a third party to the same extent a defendant could. None of this applies in the small claims division of the district court.
Frequently Asked Questions
What is "impleader" under Michigan's rules?
It's the common name for third-party practice under Rule 2.204 — a defending party brings in someone not yet part of the case who might owe them for all or part of the claim against them.
Do I need the court's permission to bring in a third-party defendant?
Not if you file the third-party complaint within 21 days after your own answer was filed; after that, you need the court's leave on a motion with notice to the other parties.
Can a third-party defendant bring in yet another party?
Yes, under the same rule, a practice sometimes called fourth-party impleader.
Can a plaintiff use this rule too?
Yes. If a counterclaim has been asserted against the plaintiff, the plaintiff may implead a third party to the same extent a defendant could.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.204). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:impleader Michiganthird-party complaint Michiganthird-party defendant Michiganbringing in a third party lawsuit