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Rule 14.Third Party Practice.

Current through February 2024 · Last verified July 8, 2026

In one sentenceRule 14 lets a defendant bring in a third party who may be liable for all or part of the plaintiff's claim, sets out how that third-party defendant answers and can raise its own claims, and lets a plaintiff do the same against someone who counterclaims.

Full Text of Rule 14

Text sizeJump to: (a) (b) (c) (d)

(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, complaint, Language Assistance Notice, and all required documents to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than ten (10) days after serving the original answer. Otherwise the third-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons, third-party complaint, Language Assistance Notice, and all other required documents hereinafter called the third-party defendant, shall make any defenses to the third-party plaintiff's claim as provided in Rule 12 and any 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 shall assert any defenses as provided in Rule 12 and any 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. A third-party defendant may proceed under this rule against any person not a party to the action that is or may be liable to the third-party defendant 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, the plaintiff may cause a third-party to be brought in under circumstances which under this rule would entitle a defendant to do so.
(c) Notice of Assignment. At the time of service of the third-party complaint, notice shall be given to the third-party defendant by the third-party plaintiff as to whether the case is assigned for trial and if so to what date and calendar.
(d) Filing of Third-party Documents. When using the EFS, all third-party documents shall be filed in accordance with Rule 1(b)(3).

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

Rule 14 lets a defending party — as a third-party plaintiff — pull in someone who isn’t yet part of the case but who may owe all or part of what the original plaintiff is seeking from that defendant. If the third-party complaint is filed within ten days after the original answer, no court permission is needed; after that, the third-party plaintiff must get leave of court on motion, with notice to everyone already in the case.

Once served, the third-party defendant defends against the third-party plaintiff’s claim the same way any defendant would under Rule 12, and raises counterclaims and cross-claims against other third-party defendants under Rule 13. The third-party defendant can also assert against the original plaintiff any defense the third-party plaintiff has, and can bring its own claim against the plaintiff if it arises from the same transaction or occurrence as the plaintiff’s claim. The plaintiff, in turn, may assert a claim against the third-party defendant arising from that same transaction or occurrence, and the third-party defendant answers it under Rule 12 and counterclaims or cross-claims under Rule 13. Any party can move to strike the third-party claim or ask for it to be severed or tried separately. A third-party defendant can chain the process further, bringing in yet another person who may be liable for all or part of the claim now made against it.

A plaintiff facing a counterclaim gets the same third-party power a defendant has — bringing in someone who may be liable for that counterclaim under the same rules. And when the third-party complaint is served, the third-party plaintiff has to tell the third-party defendant whether the case is already assigned for trial, and if so, on what date and calendar.

Frequently Asked Questions

Do I need the court's permission to bring in a third-party defendant?

Not if you file the third-party complaint within ten days after serving your original answer. After that window, you need leave of court on motion, with notice to all parties already in the case.

What defenses can a third-party defendant raise?

The same defenses any defendant raises under Rule 12, plus any defense the third-party plaintiff has against the original plaintiff's claim. The third-party defendant can also bring counterclaims and cross-claims under Rule 13.

Can a plaintiff use third-party practice too?

Yes. If a defendant asserts a counterclaim against the plaintiff, the plaintiff can bring in a third party who may be liable for that counterclaim, under the same procedure available to defendants.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 14). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
Also known as: third-party complaintimpleaderbringing in a third-party defendantthird-party practicewho is liable for the claim against methird-party plaintiff