In one sentenceRule 1-014 lets a defending party implead a nonparty who may be liable for all or part of the plaintiff’s claim, and sets out the resulting claims and defenses among the parties.
A.When defendant may bring in third party. At any time after commencement of the action a defending party, as a third-party plaintiff, 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. The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint not later than ten
(10)days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action. 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 1-012 NMRA and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 1-013 NMRA. 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 1-012 NMRA and his counterclaims and cross-claims as provided in Rule 1-013 NMRA. 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.
B.When plaintiff may bring in third party. When a counterclaim 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.
End
Plain-English Summary
This rule is impleader—pulling a new party into the case. A defending party, as a third-party plaintiff, may serve a summons and complaint on someone who is not yet a party but who may be liable to the defendant for all or part of the plaintiff’s claim. No leave is needed if the third-party complaint is filed within ten days of the original answer; otherwise the party must move on notice to everyone.
Once in, the third-party defendant raises defenses under Rule 1-012 and counterclaims and cross-claims under Rule 1-013, may assert the third-party plaintiff’s defenses against the plaintiff, and may bring claims arising from the same transaction. The plaintiff, in turn, may assert related claims directly against the third-party defendant. Any party may move to strike, sever, or separately try the third-party claim, and a plaintiff facing a counterclaim may implead a third party on the same terms.
Frequently Asked Questions
When can a defendant bring in a third party without leave of court?
When the third-party complaint is filed no later than ten days after the defendant serves the original answer. After that, the defendant must obtain leave on motion with notice to all parties.
Who can be brought in as a third-party defendant?
A person not already a party who is or may be liable to the defending party for all or part of the plaintiff’s claim against it.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-014 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:third-party practiceimpleaderthird-party complaintbringing in a third party