MBE Rules · Civil Procedure
Rule 14 — impleader (third-party practice)
FRCP 14
The rule
A defending party may, as a third-party plaintiff, serve a summons and complaint on a non-party who is or may be liable to it for all or part of the claim against it (derivative liability — indemnity, contribution, subrogation). Leave of court is required if the third-party complaint is filed more than 14 days after the original answer.
In plain English
Impleader is not for saying 'the third party did it, not me' — that's not derivative. It's for 'if I'm liable, so is X.' Supplemental jurisdiction under §1367(a) reaches these claims even in diversity.
The trap
Confusing derivative liability (impleader) with alternative liability (not impleader).
How examiners test it
Defendant insurance-carrier or indemnitor being brought in.
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