(a) When Defendant May Bring in Third Party. At any time after commencement of an action in a superior court, a defendant as a third-party plaintiff may cause to be served a summons and complaint upon a person not a party to the action who is or may be liable to such third-party plaintiff for all or part of the plaintiff’s claim against the third-party plaintiff. The person so served, 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 failure to do so shall have the effect of the failure to state a claim in a pleading under Rule 13(a). The third-party defendant thereupon 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 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 14.Third-party practice
Group III: Pleadings and Motions · Last amended July 1, 2002 · Last verified July 14, 2026
In one sentenceRule 14 lets a defendant bring a new party into a Vermont lawsuit by claiming that party owes the defendant all or part of what the defendant might owe the plaintiff, and it sets out the defenses, claims, and court controls that come with that third-party practice.
Full Text of Rule 14
(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) Orders for Protection of Parties and Prevention of Delay. The court may make such orders as will prevent a party from being embarrassed or put to undue expense, or will prevent delay of the trial or other proceedings, by the assertion of a third-party claim, and may dismiss the third-party claim, order separate trials, or make other orders to prevent delay or prejudice. Unless otherwise specified in the order, a dismissal under this rule is without prejudice.
Notes
Reporter’s Notes—2002 Amendment: Rule 14(a) is amended to reflect the abrogation of the District Court Civil Rules and the resulting applicability of the Vermont Rules of Civil Procedure to District Court civil actions. See Reporter’s Notes to simultaneous amendment of Rule 1. Impleader was not permitted in the District Court under the former District Court Civil Rules.
Reporter’s Notes: This rule is similar to Federal Rule 14, but adopts several modifications found in Maine Rule 14. The impleader procedure provided by the rule is new to Vermont practice. It permits a defendant to bring in, and assert a claim against, a third party who is or may be liable to him for some or all of the plaintiff’s claim on a theory such as indemnity, subrogation, contribution, or warranty. The rule thus permits resolution in a single proceeding of common issues such as liability in an employer-employee indemnity case. It does not, however, permit defendant to implead a third party solely on the ground that it is the third party instead of the defendant who is liable to the plaintiff. The rule varies from the federal rule in the following particulars: (1) The federal rule requires leave of court on motion and notice if the impleader is sought more than 10 days after service of the answer. In the interests of reducing motion practice, the Vermont rule puts the burden upon the party opposing impleader to move to strike the third-party claim, regardless of when it is brought, especially because grounds for denial of the impleader may not appear clearly before the third-party defendant has answered. (2) The federal rule does not require the original plaintiff to assert related claims against the third-party defendant. The contrary provision of the Vermont rule is consistent with the general policy of the rules to avoid multiplicity of actions. (3) The federal rule does not contain the provisions of Vermont Rule 14(c), intended to emphasize the discretionary power of the court to protect the parties against undue complexity. (4) The Vermont rule omits provisions of the federal rule specially designed for admiralty practice.
Amendment History
Amended Mar. 6, 2002, eff. July 1, 2002.
Plain-English Summary
Rule 14(a) is Vermont's impleader rule. Once an action is underway in superior court, a defendant — now a third-party plaintiff — can serve a summons and complaint on someone not already in the case who is or may be liable to the defendant for all or part of the plaintiff's claim. That third-party defendant must raise defenses under Rule 12 and may bring counterclaims and cross-claims under Rule 13, and it can also assert any defense the third-party plaintiff has against the original plaintiff, plus any claim of its own arising 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 failing to do so carries the same consequence as failing to state a compulsory counterclaim under Rule 13(a). Any party can move to strike the third-party claim or ask for its severance or a separate trial, and a third-party defendant can itself implead a further party under the same rule.
Rule 14(b) extends the same mechanism to a plaintiff: once a counterclaim is asserted against the plaintiff, the plaintiff can bring in a third party under the same circumstances that would let a defendant do so. Rule 14(c) gives the court broad authority to manage the resulting complexity — it can enter orders to keep a party from being embarrassed or put to undue expense, to prevent delay of the trial or other proceedings, and it can dismiss the third-party claim, order separate trials, or issue other orders to head off delay or prejudice. Unless the court's order says otherwise, a dismissal under this rule is without prejudice, leaving the dismissed claim open to be pursued another way.
Frequently Asked Questions
What is third-party practice (impleader) under Vermont Rule 14?
It lets a defendant, acting as a third-party plaintiff, bring a new party into the case who is or may be liable to the defendant for all or part of the plaintiff's claim against that defendant.
Can the third-party defendant raise defenses the original defendant has against the plaintiff?
Yes. Rule 14(a) lets the third-party defendant assert against the plaintiff any defenses that the third-party plaintiff has to the plaintiff's claim.
Can the plaintiff bring a claim directly against a third-party defendant in Vermont?
Yes, if the claim arises out of the same transaction or occurrence as the plaintiff's claim against the third-party plaintiff. Failing to assert it has the same effect as failing to state a compulsory counterclaim under Rule 13(a).
Can a plaintiff use Rule 14 to bring in a third party in Vermont?
Yes. Rule 14(b) allows the plaintiff to bring in a third party under the same circumstances that would let a defendant do so, once a counterclaim has been asserted against the plaintiff.
Can a Vermont court limit or dismiss a third-party claim?
Yes. Rule 14(c) lets the court enter orders to prevent a party from being embarrassed or put to undue expense, or to prevent delay of the trial, including dismissing the third-party claim or ordering separate trials. A dismissal under this rule is without prejudice unless the court's order specifies otherwise.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: vermont third party complaintvrcp 14impleader vermontthird party defendant vermontbringing in a new party vermont lawsuit