(a) Defendant’s claim against 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 serves the third-party complaint not later than ten 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 § 15-6-12 and his counterclaims against the third- party plaintiff and cross-claims against other third-party defendants as provided in § 15-6-13. 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 § 15-6-12 and his counterclaims and cross-claims as provided in § 15-6-13. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under § 15-6-14 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. The court may render such judgments, one or more in number, as maybe suitable. As among joint tort-feasors against whom a judgment has been entered in a single action, the provisions of § 15-8-15 apply only if the issue of proportionate fault is litigated between them by cross-claim, counterclaim or third party claim in that action.
Rule 14.Third-Party Practice
Part III: Pleadings and Motions · Last amended 1976 · Last verified July 16, 2026
In one sentenceRule 15-6-14 lets a defending party bring in a third-party defendant who may be liable for all or part of the original claim, sets the deadline and procedure for doing so, and describes what defenses and claims flow among the plaintiff, the third-party plaintiff, and the third-party defendant once that happens.
Full Text of Rule 15-6-14
(b) Plaintiff’s claim against third party. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under § 15-6-14(a) would entitle a defendant to do so.
Plain-English Summary
Rule 15-6-14 lets a defendant reach beyond the original plaintiff to bring in someone who may ultimately be on the hook for some or all of the claim. Subdivision (a) allows a defending party, now acting as a third-party plaintiff, to serve a summons and complaint on a nonparty who is or may be liable to the defendant for all or part of the plaintiff’s claim. No leave of court is needed if the third-party complaint is served within ten days of the original answer; after that, the third-party plaintiff needs leave of court on notice to the other parties.
Once served, the third-party defendant answers the third-party plaintiff’s claim the same way any defendant answers a claim — by asserting defenses under Rule 15-6-12 and counterclaims or cross-claims under Rule 15-6-13. The rule also opens several cross-cutting rights: the third-party defendant may assert against the plaintiff any defense the third-party plaintiff has, and may bring its own claim against the plaintiff arising from the same transaction or occurrence as the plaintiff’s claim against the third-party plaintiff. The plaintiff, in turn, may assert a claim directly against the third-party defendant arising from that same transaction or occurrence, at which point the third-party defendant must respond to that claim the same way, with defenses under Rule 15-6-12 and counterclaims or cross-claims under Rule 15-6-13. Any party may move to strike the third-party claim or to sever it or have it tried separately, and a third-party defendant may bring in a further third-party defendant under the same procedure.
Subdivision (b) extends the same mechanism to a plaintiff who faces a counterclaim: 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 under subdivision (a).
Frequently Asked Questions
Can a defendant bring in someone who wasn’t originally sued?
Yes. Rule 15-6-14(a) allows a defending party, as a third-party plaintiff, to serve a summons and complaint on a nonparty who is or may be liable for all or part of the plaintiff’s claim against the defendant.
Does a defendant need the court’s permission to file a third-party complaint?
Not always. Rule 15-6-14(a) allows a third-party complaint without leave of court if it is served within ten days of the original answer. After that, leave of court on notice to the other parties is required.
Can the plaintiff sue the third-party defendant directly?
Yes, if the claim arises out of the same transaction or occurrence as the plaintiff’s claim against the third-party plaintiff. Rule 15-6-14(a) allows the plaintiff to assert that claim directly, and the third-party defendant must then respond with defenses and any counterclaims or cross-claims.
Can a plaintiff bring in a third-party defendant too?
Yes, once a counterclaim is asserted against the plaintiff. Rule 15-6-14(b) allows the plaintiff to bring in a third party under the same circumstances that would let a defendant do so under subdivision (a).
Can a third-party defendant bring in yet another party?
Yes. Rule 15-6-14(a) allows a third-party defendant to proceed against any nonparty who is or may be liable for all or part of the claim made against the third-party defendant, using the same procedure.
Amendment History
(a)SL 1945, ch 167, § 7; SDC Supp 1960, § 33.04A08; SD RCP, Rule 14 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1976, ch 147.
(b)SL 1945, ch 167, § 7; SDC Supp 1960, § 33.04A08; SD RCP, Rule 14 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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