(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 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 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. 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.
Rule 14.Third party practice
Group III: Pleadings and Motions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 14 lets a defending party bring in someone outside the lawsuit who may owe them reimbursement or contribution for the plaintiff's claim, and lets that third-party defendant, in turn, raise defenses and claims of their own.
Full Text of Rule 14
(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.
(c) Joinder as Plaintiff or Defendant. Upon motion of any party, or on its own motion, the Court may order that a party designated as a third-party defendant be joined as a plaintiff or defendant under Rules 19 or 20, when the ends of justice and efficiency in proceedings would be served thereby. In event such joinder is ordered, designation of such party or his pleading as "third party" shall thereafter be dropped.
Notes
Note: These Rules 14(a) through (c) are substantially the same as the Federal Rule, except for the omission of references to admiralty and maritime practice, and the addition of Rule 14(c) as to joinder. There is no counterpart to "third-party practice" in present State procedure, but the liberal State practice as to joinder and interpleader render the procedure less novel than appears on its face. The development of third-party practice in the Federal courts over the years has led to more use of joinder under Rules 19 and 20, rather than increased use of third-party practice. Therefore, Rule 14(c) is added to encourage that result where appropriate.
Plain-English Summary
Rule 14 covers what lawyers call third-party practice, or impleader. Say a homeowner sues a general contractor over a leaking roof, and the general contractor thinks the real fault lies with the roofing subcontractor it hired. Rule 14(a) lets the contractor serve that subcontractor with a summons and a third-party complaint, pulling it into the same lawsuit as a third-party defendant. The point is efficiency: one case resolves who owes what, instead of a second lawsuit filed later.
Timing matters. A defending party who moves within 10 days of serving their own answer can bring in a third party without asking the court's permission. After that window closes, they need to file a motion and give notice to everyone already in the case. Once served, the third-party defendant answers under the same rules that govern any other defendant's defenses under Rule 12, and can raise counterclaims and cross-claims the way Rule 13 allows.
The rule also works in reverse under Rule 14(b): a plaintiff facing a counterclaim can bring in a third party on the same terms available to a defendant. And a third-party defendant is not limited to defending — it can assert its own claim against the original plaintiff if that claim grows out of the same transaction or occurrence, and the plaintiff can respond in kind. Any party uneasy about how crowded the case has become can ask the court to strike, sever, or set the third-party claim for its own trial.
Rule 14(c) gives South Carolina courts something the federal rule doesn't spell out as directly: the power to reclassify a third-party defendant as a regular plaintiff or defendant under the joinder rules in Rule 19 or Rule 20, when doing so serves the interests of justice and keeps the case moving efficiently. Once that happens, the case drops the third-party label altogether.
Frequently Asked Questions
What is impleader under Rule 14?
Impleader is the procedure a defending party uses to bring a new party into an existing lawsuit, claiming that new party owes them reimbursement or contribution for all or part of the plaintiff's claim. Rule 14 governs how and when this can be done.
Does a defendant need the court's permission to file a third-party complaint?
Not if it's filed within 10 days after the defendant serves their original answer. After that, the defendant must get leave of court on a motion, with notice to all parties already in the case.
Can the third-party defendant raise its own claims?
Yes. Under Rule 14(a), a third-party defendant can assert any defense the third-party plaintiff has against the original plaintiff, and can bring its own claim against the plaintiff if it arises from the same transaction or occurrence underlying the plaintiff's claim.
Can a plaintiff use Rule 14 to bring in a third party?
Yes. Rule 14(b) lets a plaintiff who faces a counterclaim bring in a third party under the same conditions that would let a defendant do so.
Can a third-party defendant bring in someone else?
Yes. Rule 14(a) allows a third-party defendant to implead another person who may be liable to it for all or part of the claim made against it, continuing the chain of third-party practice.
What happens if the third-party claim complicates the case too much?
Any party can move to strike the third-party claim or ask the court to sever it or set it for a separate trial.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: third-party practiceimpleaderbringing in a third partythird-party complaintthird-party defendant rule