Pleadings and Motions

Pleadings

Impleader

Impleader

Impleader

Impleader permits a defending party to join a non-party who may be liable to it for the claim asserted against it. The impleaded party may assert defenses against both the original plaintiff and the third-party plaintiff.

The plaintiff may then assert claims directly against the third party.

Alternative Names:

Third-Party Practice, Rule 14 Practice

Why it Matters?

Impleading a party gives the plaintiff a defendant it did not choose, which can increase total exposure rather than distributing it, particularly where the impleaded party has significant assets or insurance. That consequence is worth weighing against the contribution benefit. Where the jurisdiction permits nonparty fault allocation without joinder, achieving the same apportionment without adding a defendant is frequently preferable.

Frequently Confused with

Frequently asked questions

What is the risk in impleading a party?

What is the alternative?