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Rule 14.Third Party Practice

Last amended July 1, 1970 · Last verified July 1, 2026

In one sentenceRule 14 lets a defending party bring in a new party who is or may be liable for all or part of the plaintiff's claim against it, without needing the court's permission if the third-party complaint is filed within fourteen days of the original answer, and gives a plaintiff facing a counterclaim the same option.

Full Text of Rule 14

Text sizeJump to: (A) (B)

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 fourteen 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 12 and his counterclaims 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 counterclaims 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. If the third-party defendant is an employee, agent, or servant of the third-party plaintiff, the court shall order a separate trial upon the motion of any plaintiff. 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.

Amendment History

Effective Date: July 1, 1970

Plain-English Summary

Division (A) allows a defending party, as third-party plaintiff, to serve a summons and complaint on someone not yet in the case who is or may be liable for all or part of the claim against it. No leave of court is required if the third-party complaint is filed within fourteen days after the original answer; after that, the third-party plaintiff must ask the court for leave on notice to all parties. The third-party defendant must raise defenses under Rule 12 and any counterclaims or cross-claims under Rule 13, and may also assert against the original plaintiff any defense the third-party plaintiff has, plus any claim of its own arising from the same transaction or occurrence as the plaintiff's claim. The plaintiff, in turn, may assert claims against the third-party defendant arising from that same transaction or occurrence, which the third-party defendant then answers under Rule 12 and may counterclaim or cross-claim against under Rule 13.

Any party may move to strike, sever, or separate the third-party claim for trial, and the court must order a separate trial if a plaintiff so moves and the third-party defendant is an employee, agent, or servant of the third-party plaintiff. A third-party defendant may in turn implead a further third-party defendant under the same procedure.

Division (B) extends the same right to a plaintiff: once a counterclaim is asserted against the plaintiff, the plaintiff may bring in a third party under the same circumstances that would let a defendant do so.

Frequently Asked Questions

How quickly can a defendant bring in a third party without asking the court?

Within fourteen days after serving the original answer. After that window closes, the defending party must obtain leave of court on notice to all parties before filing a third-party complaint.

Can the third-party defendant 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, in addition to its own defenses to the third-party claim itself.

Can a plaintiff use third-party practice?

Yes, under Rule 14(B), once a counterclaim is asserted against the plaintiff, the plaintiff may bring in a third party under the same circumstances that would entitle a defendant to do so.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 14). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source
Also known as: third-party practiceimpleaderthird-party complaintthird-party defendant