Rule 14.Third-Party Practice

Last amended July 1, 2018 · Last verified July 1, 2026

In one sentenceRule 14 lets a defending party bring a nonparty into the case as a third-party defendant when that nonparty is or may be liable for all or part of the claim already being asserted, and spells out what claims and defenses the original plaintiff, the third-party plaintiff, and the third-party defendant may raise against one another.

Full Text of Rule 14

Text sizeJump to: (14.01) (14.02) (14.03) (14.04) (14.05) (14.06) (14.07) (14.08)

14.01 When a Defending Party May Bring in a Third Party

(a) Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain consent of all parties to the action or the court’s leave granted on notice to all parties to the action if it files the third-party complaint more than 90 days after service of the summons upon that defending party.

(b) Service of Complaint with Third-Party Complaint. The third-party plaintiff must serve a copy of the plaintiff’s complaint with the third-party summons and complaint.

(c) Service on Other Parties. A copy of the third-party summons and complaint must be promptly served on all other parties to the action.

14.02 Third-Party Defendant’s Claims and Defenses The person served with the summons and third-party complaint—the “third-party defendant”:

(A) must assert any defense against the third-party plaintiff’s claim under Rule 12;

(B) must assert any counterclaim against the third-party plaintiff under Rule 13.01 and may assert any counterclaim against the third-party plaintiff under Rule 13.02 or any crossclaim against another third-party defendant under Rule 13.07;

(D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.

14.03 Plaintiff’s Claims Against a Third-Party Defendant The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13.01, and may assert any counterclaim under Rule 13.02 or any crossclaim under Rule 13.07. With leave of the court, the third-party defendant may assert counterclaims permitted under Rule 13.05 or Rule 13.06.

14.04 Motion to Strike, Sever, or Try Separately Any party may move to strike the third-party claim, to sever it, or to try it separately.

14.05 Third-Party Defendant’s Claim Against a Nonparty A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.

14.06 When a Plaintiff May Bring in a Third Party When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

14.07 Defending Against a Demand for Judgment for the Plaintiff The third-party plaintiff may demand judgment in the plaintiff’s favor against the third-party defendant. In that event, the third-party defendant must defend under Rule 12 against the plaintiff’s claim as well as the third-party plaintiff’s claim; and the action proceeds as if the plaintiff had sued both the third-party defendant and the third-party plaintiff.

14.08 Protective Orders for Parties and Prevention of Delay The court may make such orders to prevent a party from being embarrassed or put to undue expense, or to prevent delay of the trial or other proceeding by the assertion of a third-party claim, and may dismiss the third-party claim, order separate trials, or make other orders to prevent delay or prejudice. Unless otherwise specified in the order, a dismissal pursuant to this rule is without prejudice. Advisory Committee Comment—2018 Amendments Rule 14 is substantially reorganized and reformatted to include paragraphing and headings. The amended rule is modeled on Fed. R. Civ. P. 14 after its restyling amendment in 2007. The committee believes that the current Rule 14.01, set forth in a single (and long) paragraph, is not particularly readable. These changes are intended to make the rule easier to use and understand, but are not intended to change the substantive interpretation of the rule. Because the rule closely follows its federal counterpart, federal court decisions on third-party practice will have greater value in interpreting the state rule. Rule 14.08 is new in number, but identical to the former Rule 14.03, except for the change of title. “Orders for Protection” is replaced with the more familiar “Protective Orders” for limitations on discovery. This change is made to avoid confusion with restraining orders to prevent personal abuse or harassment.

End

Amendment History

(Amended effective July 1, 2018.)
(Amended effective July 1, 2018.)
(Amended effective July 1, 2018.)
(Adopted effective July 1, 2018.)
(Adopted effective July 1, 2018.)
(Adopted effective July 1, 2018.)
(Adopted effective July 1, 2018.)
(Adopted July 1, 2018.)

Plain-English Summary

Rule 14.01 lets a defending party, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it — common examples include a subcontractor, an insurer, or an alleged co-tortfeasor. If the third-party complaint is filed more than 90 days after the summons was served on that defending party, the third-party plaintiff must move for the consent of all parties or the court's leave. If the third-party complaint is filed more than 90 days after the summons was served on that defending party, the third-party plaintiff must move for the consent of all parties or the court's leave. The third-party plaintiff must serve a copy of the original complaint along with the third-party summons and complaint, and promptly serve a copy of the third-party pleadings on every other party already in the case.

Rule 14.02 requires the third-party defendant to assert any Rule 12 defense against the third-party plaintiff’s claim and any compulsory counterclaim under Rule 13.01, and allows a permissive counterclaim or a cross-claim against another third-party defendant. The third-party defendant may also assert against the original plaintiff any defense the third-party plaintiff has, plus any claim arising from the same transaction or occurrence as the plaintiff’s claim. Rule 14.03 lets the plaintiff assert a claim directly against a third-party defendant arising from that same transaction or occurrence, and Rule 14.05 lets a third-party defendant bring in a further nonparty under this same rule.

Rule 14.04 lets any party move to strike, sever, or separately try the third-party claim, and Rule 14.06 lets a plaintiff who has a claim asserted against them use this same procedure to bring in a third party. Rule 14.08 lets the court issue protective orders to prevent a party from being embarrassed, put to undue expense, or delayed by third-party practice.

Frequently Asked Questions

Can a defendant bring someone else into a Minnesota lawsuit who was not originally sued?

Yes. Rule 14.01 lets a defending party serve a third-party summons and complaint on a nonparty who is or may be liable for all or part of the claim against the defending party — for example, a subcontractor or an insurer.

Can the original plaintiff sue the third-party defendant directly?

Yes. Rule 14.03 lets the plaintiff assert a claim against the third-party defendant arising out of the same transaction or occurrence as the plaintiff’s original claim.

What can a third-party defendant do once brought into the case?

Rule 14.02 lets a third-party defendant raise any Rule 12 defense and Rule 13 counterclaim against the third-party plaintiff, assert the third-party plaintiff’s own defenses against the original plaintiff, and bring its own related claims against the plaintiff.

Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 14). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: impleaderthird-party complaintbringing in a third partythird-party defendant