(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 file and serve a third-party complaint 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 therefore if the third-party complaint is filed not later than 21 days after the third-party plaintiff serves an original pleading in response. Otherwise the third-party plaintiff must obtain leave therefore on motion after notice to all parties to the action. The person served with the third-party complaint, hereinafter called the third-party defendant, must make defenses to the third-party plaintiff's claim as provided in Rules 3:7 and 3:8. The third-party defendant may plead counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rules 3:9 and 3:10. The third-party defendant may assert against the plaintiff any defenses that 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, at plaintiff's option, within 21 days after service of the third-party complaint upon the third-party defendant, 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 may assert defenses as provided in Rules 3:7 and 3:8 and any counterclaims and cross-claims, including claims against the plaintiff, as provided in Rules 3:9 and 3:10. Any party may move to strike the third-party complaint, 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 the third-party defendant for all or part of the claim made in the action against the third-party defendant.
Rule 3:13.Third-Party Practice.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceLets a defending party bring in a third party who may be liable for all or part of the plaintiff’s claim, sets the deadline and leave requirements for doing so, defines the defenses and cross-claims available to the third-party defendant, and lets a plaintiff facing a counterclaim use the same procedure.
Full Text of Rule 3:13
(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 that under this rule would entitle a defendant to do so.
Plain-English Summary
Third-party practice lets a defendant push liability outward instead of just defending against it. At any point after the action commences, a defending party — now a third-party plaintiff — may file and serve a third-party complaint against someone not yet in the case who is or may be liable to the third-party plaintiff for all or part of the plaintiff’s claim. No leave of court is needed if the third-party complaint is filed within 21 days after the third-party plaintiff’s own responsive pleading; after that window, leave requires a motion with notice to all parties.
Once served, the third-party defendant has to defend the same way any defendant would, under Rules 3:7 and 3:8, and may plead counterclaims against the third-party plaintiff and cross-claims against other third-party defendants under Rules 3:9 and 3:10. The third-party defendant can also raise against the plaintiff any defense the third-party plaintiff has, and can assert any claim against the plaintiff that arises from the same transaction or occurrence as the plaintiff’s claim against the third-party plaintiff. The plaintiff, in turn, may assert a claim against the third-party defendant from that same transaction or occurrence within 21 days after the third-party defendant is served with the third-party complaint — and once the plaintiff does, the third-party defendant can respond with defenses under Rules 3:7 and 3:8 and counterclaims and cross-claims, including claims against the plaintiff, under Rules 3:9 and 3:10. Any party may move to strike the third-party complaint or to sever it or try it separately. And a third-party defendant isn’t limited to defending — that party can bring in a further third party under this same rule if someone else may be liable for all or part of the claim against the third-party defendant.
The same mechanism runs the other direction. When a counterclaim is asserted against a plaintiff, that plaintiff may bring in a third party under the same circumstances that would let a defendant do so.
Frequently Asked Questions
When can a defendant bring in a third party to a Virginia lawsuit?
At any time after the action commences, a defending party may file and serve a third-party complaint against a person who is or may be liable for all or part of the plaintiff’s claim against them.
Does a defendant need the court’s permission to file a third-party complaint?
Not if it’s filed within 21 days after the defendant’s own responsive pleading. After that, the defendant needs leave of court, obtained by motion with notice to all parties.
What can a third-party defendant do once brought into the case?
Raise defenses under Rules 3:7 and 3:8, plead counterclaims against the third-party plaintiff and cross-claims against other third-party defendants under Rules 3:9 and 3:10, assert the third-party plaintiff’s own defenses against the plaintiff, and bring claims against the plaintiff arising from the same transaction or occurrence.
Can the original plaintiff bring a claim directly against the third-party defendant?
Yes. Within 21 days after the third-party defendant is served with the third-party complaint, the plaintiff may assert a claim against the third-party defendant arising from the same transaction or occurrence at issue in the plaintiff’s claim against the third-party plaintiff.
Can a plaintiff use third-party practice too, not just a defendant?
Yes. When 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.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: third party complaint virginiaimpleader virginia rulesthird-party defendant virginiabringing in a third party lawsuit virginiavirginia third party practice deadline