Group III: Pleadings and Motions · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 14 lets a defendant bring in a nonparty who may owe it all or part of the plaintiff's claim, sets a 14-day window after the answer for doing so without the court's leave, and spells out the claims and defenses that run among the plaintiff, the third-party plaintiff, and the third-party defendant.
(a)When a defending party may bring in a third party.
(1)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. The third-party plaintiff must, by motion, obtain the court's leave if it seeks to commence a third-party action more than 14 days after serving its original answer.
(2)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(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);
(C)may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim; and
(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.
(3)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(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g).
(4)Motion to strike, sever, or try separately. Any party may move to strike, sever, or try the third- party claim separately.
(5)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.
(b)When a plaintiff may bring in a third party. When a counterclaim is asserted against a plaintiff, the plaintiff may bring in a third party.
Explanatory Note
Rule 14 was amended, effective March 1, 1990; March 1, 2011. Rule 14 is based on Fed.R.Civ.P. 14. Rule 14 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Paragraph (a)(1) was amended, effective March 1, 2011, to increase the time before a third-party plaintiff must obtain the court's leave if it seeks to commence a third-party action from 10 to 14 days.
Plain-English Summary
Rule 14(a)(1) lets a defending party — acting 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. Timing matters: the third-party plaintiff can do this on its own within 14 days of serving its original answer, but after that it must ask the court for leave by motion.
Once served, the third-party defendant carries a defined set of obligations and options under Rule 14(a)(2). It must raise any Rule 12 defense to the third-party claim and must assert any compulsory counterclaim under Rule 13(a) against the third-party plaintiff; it may also raise a permissive counterclaim under Rule 13(b) or a crossclaim against another third-party defendant under Rule 13(g). Beyond that, it may assert against the original plaintiff any defense the third-party plaintiff has to the plaintiff's claim, and it may bring its own claim against the plaintiff if that claim arises from the same transaction or occurrence as the plaintiff's claim against the third-party plaintiff.
The plaintiff has a parallel option under Rule 14(a)(3): it may assert a claim against the third-party defendant arising from that same transaction or occurrence, and once it does, the third-party defendant must respond with a Rule 12 defense and a Rule 13(a) counterclaim, and may add a Rule 13(b) counterclaim or Rule 13(g) crossclaim. Any party may move to strike, sever, or try the third-party claim separately under Rule 14(a)(4), and Rule 14(a)(5) lets a third-party defendant use this same procedure to bring in a further nonparty who may be liable to it.
Rule 14(b) mirrors the whole structure for the other side of the case: when a counterclaim is asserted against a plaintiff, the plaintiff may bring in a third party using the same third-party practice a defendant would use.
Frequently Asked Questions
How long does a defendant have to bring in a third party without asking the court's permission?
Rule 14(a)(1) allows a defending party to serve a third-party summons and complaint on its own within 14 days of serving its original answer. After that window closes, it needs the court's leave, sought by motion.
What must a third-party defendant do once it's served?
Under Rule 14(a)(2), the third-party defendant must assert any Rule 12 defense and any compulsory counterclaim under Rule 13(a) against the third-party plaintiff, and it may add a permissive counterclaim under Rule 13(b) or a crossclaim under Rule 13(g).
Can the plaintiff sue the third-party defendant directly?
Yes. Rule 14(a)(3) lets the plaintiff assert a claim against the third-party defendant arising from the same transaction or occurrence as the plaintiff's claim against the third-party plaintiff.
Can a court keep a third-party claim separate from the main lawsuit?
Yes. Rule 14(a)(4) allows any party to move to strike, sever, or have the third-party claim tried separately from the rest of the case.
Can a plaintiff use third-party practice too, not just a defendant?
Yes. Rule 14(b) allows a plaintiff who is facing a counterclaim to bring in a third party using the same procedure a defendant would use under Rule 14(a).
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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