(a)
When a Defending Party May Bring in a Third
Party.
(1) Timing of the Summons and Complaint.
A
defending party may, as third-party plaintiff,
serve a summons and complaint on a nonparty
who is or may be liable to it for all or part of the
claim against it. But the third-party plaintiff
must, by motion, obtain the court's leave if it
files the third-party complaint more than 14
days after serving its original answer.
(2) Third-Party Defendant's Claims and
Defenses.
The person served with the summons
and third-party complaint — the “third-party
defendant”:
(A) must assert any defense against the thirdparty
plaintiff's claim under Rule 12;
(B) must assert any counterclaim against the
third-party plaintiff under Rule 13(a), and
may assert any counterclaim against the
third-party plaintiff under Rule 13(b) or any
crossclaim against another third-party
defendant under Rule 13(g);
(C) may assert against the plaintiff any defense
that the third-party plaintiff has to the
plaintiff's claim; and
(D) may also assert against the plaintiff any
claim arising out of the transaction or
occurrence that is the subject matter of the
plaintiff's claim against the third-party
plaintiff.
(3) Plaintiff's Claims Against a Third-Party
Defendant.
The plaintiff may assert against
the third-party defendant any claim arising out
of the transaction or occurrence that is the
subject matter of the plaintiff's claim against the
third-party plaintiff. The third-party defendant
must then assert any defense under Rule 12 and
any counterclaim under Rule 13(a), and may
assert any counterclaim under Rule 13(b) or any
crossclaim under Rule 13(g).
(4) Motion to Strike, Sever, or Try Separately.
Any party may move to strike the third-party
claim, to sever it, or to try it separately.
(5) Third-Party Defendant's Claim Against a
Nonparty.
A third-party defendant may
proceed under this rule against a nonparty who
is or may be liable to the third-party defendant
for all or part of any claim against it.
(6) Third-Party Complaint In Rem.
If it is within
the admiralty or maritime jurisdiction, a thirdparty
complaint may be in rem. In that event, a
reference in this rule to the “summons” includes
the warrant of arrest, and a reference to the
defendant or third-party plaintiff includes, when
appropriate, a person who asserts a right under
Supplemental Rule C(6)(a)(i) in the property
arrested.
(b)
When a Plaintiff May Bring in a Third Party.
When a claim is asserted against a plaintiff, the
plaintiff may bring in a third party if this rule would
allow a defendant to do so.
(c)
Admiralty or Maritime Claim.
(1) Scope of Impleader.
If a plaintiff asserts an
admiralty or maritime claim under Rule 9(h), the
defendant or a person who asserts a right under
Supplemental Rule C(6)(a)(i) may, as a thirdparty
plaintiff, bring in a third-party defendant
who may be wholly or partly liable — either to
the plaintiff or to the third-party plaintiff — for
remedy over, contribution, or otherwise on
account of the same transaction, occurrence, or
series of transactions or occurrences.
(2) Defending Against a Demand for Judgment
for the Plaintiff.
The third-party plaintiff may
demand judgment in the plaintiff's favor against
the third-party defendant. In that event, the
third-party defendant must defend under Rule 12 against the plaintiff's claim as well as the
third-party plaintiff's claim; and the action
proceeds as if the plaintiff had sued both the
third-party defendant and the third-party
plaintiff.