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 petition 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 or who is liable to him on a claim arising out of the transaction or occurrence that is the subject matter of a claim that is asserted against him. The third-party plaintiff need not obtain leave to make the service if he files the third-party petition 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 petition, hereinafter called the third-party defendant, shall make his defenses to the third- party plaintiff's claim as provided in Section 12 of this act and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Section 13 of this act. 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 Section 12 of this act and his counterclaims and cross-claims as provided in Section 13 of this act. 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 section 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.
§ 2014.Third-Party Practice
Chapter 39: Oklahoma Pleading Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2014 lets a defendant bring in a nonparty who may be liable over for all or part of the plaintiff's claim, by serving a third-party petition within ten days of the answer as of right or later with leave of court, and extends the same option to a plaintiff facing a counterclaim.
Full Text of § 2014
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 pursuant to this section would entitle a defendant to do so.
Amendment History
Added by Laws 1984, SB 417, c. 164, §14, eff. 11/1/1984.
Plain-English Summary
This is Oklahoma's impleader rule, modeled on FRCP 14. A defending party, the third-party plaintiff, can serve a summons and third-party petition on someone not yet in the case who is or may be liable to them for all or part of the plaintiff's claim, or on a related claim from the same transaction or occurrence. Filing within ten days of the original answer requires no court permission; after that, the third-party plaintiff needs leave of court on notice to everyone already in the case.
Once served, the third-party defendant answers the third-party claim under Section 2012 and can counterclaim or cross-claim under Section 2013, and may raise any defense the original defendant has against the plaintiff, or assert its own claim against the plaintiff arising from the same transaction. The plaintiff, in turn, may assert a claim directly against the third-party defendant from that same transaction, triggering the same defense and counterclaim rules. Any party may move to strike the third-party claim or ask for its severance or separate trial, and a third-party defendant can bring in still another party under the same procedure. Subsection B extends the whole mechanism to a plaintiff who faces a counterclaim; the plaintiff can implead a third party under the same conditions that would let a defendant do so.
Frequently Asked Questions
How does a defendant bring a new party into an existing lawsuit?
By serving that person with a summons and third-party petition, as third-party plaintiff, under subsection A, without needing court permission if it's done within ten days of the original answer, or with leave of court afterward.
Can a third-party defendant raise the same defenses the original defendant has?
Yes -- subsection A lets the third-party defendant assert against the plaintiff any defense the third-party plaintiff has to the plaintiff's claim.
Does a plaintiff ever get to bring in a third party too?
Yes -- subsection B lets a plaintiff facing a counterclaim bring in a third party under the same circumstances that would entitle a defendant to do so.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma third-party practice ruleimpleader oklahoma civil procedure12 O.S. § 2014oklahoma FRCP 14 equivalent