Pleadings and Motions
Pleadings
A defending party may serve a third-party complaint on a non-party who is or may be liable to it for all or part of the claim against it. Leave is required if filed more than fourteen days after the answer.
The claim must be derivative of the original claim.
Alternative Names:
Third-Party Claim, Impleader Complaint
Why it Matters?
The derivative requirement limits impleader to indemnity, contribution, and similar claims, so a defendant cannot implead a party simply because it is also at fault to the plaintiff. That distinction matters where the theory is that a non-party caused the harm, which is a nonparty fault allocation question rather than an impleader claim. Timing also matters since leave becomes necessary after the initial window.
Frequently Confused with
Related terms
Frequently asked questions
What claims may be impleaded?
When is leave required?
