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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