A defending party becomes a third-party plaintiff by serving a third-party complaint on a non-party who may be liable to it for the claim against it. The role is in addition to remaining a defendant.
The claim must be derivative rather than independent.
Alternative Names:
Impleading Party, Third-Party Claimant
Why it Matters?
The dual role creates practical complications, since the party must simultaneously deny liability to the plaintiff while asserting that if liable, the third party owes indemnity. Framing the third-party claim conditionally is standard, and the pleadings should make the alternative posture explicit. Discovery obligations also run in both directions, which affects how positions taken in one capacity constrain the other.
Frequently Confused with
Related terms
Frequently asked questions
What complication does the dual role create?
How should the claim be framed?
