FRCP/Defenses and Motions

Rule 14: Third-Party Practice (Impleader)

Quick Answer

What is Third-Party Practice (Impleader)?

Impleader under Rule 14 lets a defendant bring a new party into the lawsuit — someone the defendant claims is responsible for all or part of what the defendant might owe to the plaintiff. The classic example is an indemnity or contribution claim: if the plaintiff sues a general contractor, the contractor can implead a subcontractor whose work actually caused the injury.

Source: Fed. R. Civ. P. 14

Plain English Explanation

Impleader under Rule 14 lets a defendant bring a new party into the lawsuit — someone the defendant claims is responsible for all or part of what the defendant might owe to the plaintiff. The classic example is an indemnity or contribution claim: if the plaintiff sues a general contractor, the contractor can implead a subcontractor whose work actually caused the injury.

The key limitation is that impleader is only proper when the third-party defendant's liability is derivative of the original claim. You cannot use Rule 14 simply because a third party might also be liable to the plaintiff on an independent basis. The third-party claim must be that 'if I am liable to the plaintiff, then this third party is liable to me.'

Once impleaded, the third-party defendant gains significant procedural rights: they can assert defenses to the third-party claim, file counterclaims and crossclaims, and even assert defenses that the original defendant has against the plaintiff. The plaintiff may also assert claims directly against the third-party defendant if those claims arise out of the same transaction or occurrence.

Key Points

  1. 1Impleader is for derivative liability — the third-party defendant must be liable to the defendant, not directly to the plaintiff
  2. 2Must be filed within 14 days of the answer as of right; after that, leave of court is required
  3. 3Third-party defendants can assert defenses, counterclaims, and crossclaims
  4. 4The plaintiff may assert claims directly against the third-party defendant arising from the same T/O
  5. 5Supplemental jurisdiction typically covers impleader claims under § 1367

Common Exam Issues

  • Whether the third-party claim is properly derivative (not an independent claim)
  • Timing: whether impleader is as of right or requires leave of court
  • Jurisdiction over third-party claims and claims by/against third-party defendants
  • The web of claims that can arise once a third-party defendant is added

Important Cases

Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365 (1978)

Too, Inc. v. Kohl's Department Stores, 213 F.R.D. 138 (S.D.N.Y. 2003)

Watergate Landmark Condominium Unit Owners' Ass'n v. Wiss, Janey, Elstner Assocs., 117 F.R.D. 576 (E.D. Va. 1987)

Related Rules

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