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Rule 14: Impleader in Civil Procedure

Rule 14(a) allows a defendant to bring a third party into a lawsuit if the third party may be secondarily liable to the defendant for any damages owed to the original plaintiff. For example, if a plaintiff sues a defendant for negligence in a car accident, the defendant may implead the third party as a third party defendant if the third party could be contributorily or indemnitorily liable to the defendant.

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550 views1 page

Rule 14: Impleader in Civil Procedure

Rule 14(a) allows a defendant to bring a third party into a lawsuit if the third party may be secondarily liable to the defendant for any damages owed to the original plaintiff. For example, if a plaintiff sues a defendant for negligence in a car accident, the defendant may implead the third party as a third party defendant if the third party could be contributorily or indemnitorily liable to the defendant.

Uploaded by

Brat Wurst
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
  • Legal Procedure Flowchart

Rule 14[a] - D may bring in a Third Party [if files complaint more

than 14 days after original answer must obtain courts leave] IF


proposed third party would be secondarily/derivatively liable to D if
D is liable to P [Watergate]

Negligence [car accident


Plaintiff Defendant Contribution or
causing injury] MUST check - 1) can
Indemnity Claim - must
be secondarily liable! party be joined under
FRCP?
Rule 14[a] - Defendant may as a third party 2) SMJ [1367 doesn't
plaintiff serve a summons & complaint on a apply to parties joined
Once party added as
nonparty or is or may be liable for all or part of by defendants!]
3PD - 18[a] allows
the claim against it 3) Is there PJ? 4k1[a-b]
3rd party original D or 3PD to
*Liability need not be shown conclusively, just 100 mile rule
defendant pursue unrelated
that 3PD may be liable for damages original P
claims
seeks from original D

Plaintiff Negligence [car accident causing injury] Defendant 3rd party defendant Contribution or Indemnity Claim - must

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