(a) When Defendant May Bring in Third Party. A defending party may cause a summons and complaint to be served upon 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. But, the third-party plaintiff must, by motion, obtain the court’s leave upon good cause shown if it files the third- party complaint more than 14 days after serving its original answer. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff’s claim as provided in Rule 12 and his counter-claims 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 counter-claims and cross-claims as provided in Rule 13. Any party may move to strike the third-party claim, or for its severance or separate trial. 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.
Rule 14.Third-Party Practice
Chapter III: Pleadings and Motions · Last amended February 26, 2025 · Last verified July 14, 2026
In one sentenceRule 14 lets a defending party bring in a third party who is or may be liable for all or part of the plaintiff's claim, without needing the court's permission if the third-party complaint is filed within 14 days of the original answer, and lets a plaintiff facing a counterclaim do the same thing.
Full Text of Rule 14
(b) When Plaintiff May Bring in Third Party. When a counter-claim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so.
(c) [Admiralty and Maritime Claims] [Omitted].
[Former Rule 14 deleted effective May 1, 1982; new Rule 14 adopted effective July 1, 1986. Amended effective February 26, 2025].
Advisory Committee Notes
It is essential that the third-party claim be for some form of derivative or secondary liability of the third-party defendant to the third-party plaintiff. Impleader is not available for the assertion of an independent action by the defendant against a third party, even if the claim arose out of the same transaction or occurrence as the main claim. Once a third-party claim is properly asserted, however, the third-party plaintiff may assert whatever additional claims the third-party plaintiff has against the third-party defendant under Rule 18(a).
The requirement that the third-party claim be for derivative or secondary liability may be met by, for example, an allegation of a right of indemnity (contractual or otherwise), contribution, subrogation, or warranty. The rule does not, however create any such rights. It merely provides a procedure for expedited consideration of these rights where they are available under substantive law. An insured party has a derivative claim for indemnity against the insured party’s liability insurer, and may implead the party’s liability insurer, if the insured is being sued for damages allegedly covered by the liability policy and the insurer is disclaiming coverage pursuant to the liability policy.
A defendant who is subject to joint and several liability for a plaintiff’s damages may have a claim against joint tortfeasors for contribution. Generally, in Mississippi, liability for damages imposed in civil cases based upon “fault” is several only and not joint and several, thereby obviating the need or basis for contribution claims. Mississippi Code Annotated section 85-5-7(4), however, provides that ‘[j]oint and several liability shall be imposed on all who consciously and deliberately pursue a common plan or design to commit a tortuous act, or who actively take part in it.” The statute further provides that “[a]ny person held jointly and severally liable under [such] section shall have a right of contribution from his fellow defendants acting in concert.” Thus, Mississippi law grants a defendant who has been held jointly and severally liable for acting in concert a right of contribution against co- defendants who were also acting in concert.
A first-party insurer against loss, sued by its policyholder for such loss, has a derivative claim for subrogation against, and may implead the person who allegedly caused the loss, where a right of subrogation would arise from the insurer’s payment of the insured plaintiff’s claim.
Because the rule expressly allows third-party claims against one who “may be liable,” it is not an objection to implead that the third party’s liability is contingent on the original plaintiff’s recovery against the defendant/third-party plaintiff.
Amendment History
Effective February 26, 2025, Rule 14(a) was amended to authorize a defendant/third- party plaintiff to file a third-party complaint without leave of court within ten days after serving its original answer. ____ So. 2d ____ (West Miss. Cases 20__).
Effective July 1, 1986, a new Rule 14 was adopted. 486-490 So. 2d XVII (West Miss. Cas. 1986).
Effective May 1, 1982, Rule 14 was abrogated. 410-416 So. 2d XXI (West Miss. Cas. 1982).
Plain-English Summary
Rule 14(a) is Mississippi's impleader rule. A defendant can serve a summons and third-party complaint on someone not yet in the case who is or may be liable to the defendant for all or part of what the plaintiff is claiming. A third-party complaint filed within 14 days of the original answer needs no court permission; filed later, it requires a motion and a showing of good cause. Once served, the third-party defendant answers the third-party complaint under Rule 12 and can bring counterclaims against the third-party plaintiff and cross-claims against other third-party defendants under Rule 13. The third-party defendant can also raise, against the plaintiff, any defense the third-party plaintiff has, and can assert its own claim against the plaintiff if it arises from the same transaction or occurrence as the plaintiff's original claim. The plaintiff, in turn, can assert a same-transaction claim directly against the third-party defendant, who then answers under Rule 12 and counterclaims or cross-claims under Rule 13 just as before. Any party can move to strike the third-party claim or ask for its severance or a separate trial, and a third-party defendant can keep the chain going by impleading a further third party under this same rule.
Rule 14(b) gives a plaintiff the mirror-image right: once a counterclaim is asserted against the plaintiff, the plaintiff can bring in a third party under the same circumstances that would let a defendant do so. Rule 14(c), addressing admiralty and maritime third-party claims, is omitted from Mississippi's rule.
The official Notes stress that a third-party claim has to rest on some form of derivative or secondary liability running from the third-party defendant to the third-party plaintiff — indemnity, contribution, subrogation, or warranty are the typical examples. Impleader isn't a vehicle for an independent claim against a third party merely because it grew out of the same events as the main case; the rule provides a procedure for asserting derivative rights that already exist under substantive law, not a new right of its own. Because the rule reaches anyone who may be liable, it's no objection to impleader that the third party's liability depends on the plaintiff first winning against the defendant.
Frequently Asked Questions
Can I file a third-party complaint without asking the court's permission first?
Yes, if you file it within 14 days after serving your original answer. After that window closes, Rule 14(a) requires a motion showing good cause before the court will allow it.
What kind of claim can I bring against a third party under Rule 14?
Only a claim that the third party is or may be liable to you for all or part of what the plaintiff is claiming against you. The official Notes explain this has to be a derivative or secondary liability — such as indemnity, contribution, subrogation, or warranty — not an independent claim that merely happens to arise from the same events.
Once a third-party defendant is brought in, can it raise defenses against the original plaintiff?
Yes. Rule 14(a) lets the third-party defendant assert any defense the third-party plaintiff has against the plaintiff's claim, and it can also bring its own claim against the plaintiff if that claim arises from the same transaction or occurrence as the plaintiff's claim.
Can a plaintiff implead a third party, not just a defendant?
Yes. Rule 14(b) gives a plaintiff facing a counterclaim the same right to bring in a third party that a defendant has under Rule 14(a).
Does Rule 14 cover admiralty and maritime third-party claims?
No. Rule 14(c), which would address admiralty and maritime claims, is omitted from Mississippi's rule.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
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