RULE 14. THIRD-PARTY PRACTICE

218

Rule 14.02: 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.

Advisory Commission Comments.

Rule 14 allows a defendant to bring in, as a third-party defendant, any new party who is or may be liable to defendant for all or part of the plaintiff's claim against the defendant. Third-party defendants have all of the rights as to cross-claims and counterclaims as do the original parties to the suit, including the right to bring in additional parties who may be liable to the third-party defendant for the claims asserted against him or her. If a counterclaim is asserted against a plaintiff, the plaintiff may bring in new parties under the same circumstances as if the plaintiff were a defendant. The rule thus makes it possible for ultimate liability to be determined in a single suit where there are several parties whose rights and liabilities are interconnected. A third-party claim is subject to being stricken or tried separately on motion of any party.

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