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Rule 2-332 – Third-Party Practice

May 13, 2021 | Civil Prodcedure, Maryland

(a) Defendant’s Claim Against Third Party. A defendant, as a third-party plaintiff, may cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon a person not a party to the action who is or may be liable to the defendant for all or part of a plaintiff’s claim against the defendant. A person so served becomes a third-party defendant.
(b) Response by Third Party. A third-party defendant shall assert defenses to the third-party plaintiff’s claim as provided by Rules 2-322 and 2-323 and may assert counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided by Rule 2-331. The third-party defendant may assert against the plaintiff any defenses that the third-party plaintiff has to the plaintiff’s claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.
(c) Plaintiff’s Claim Against Third Party. The plaintiff shall assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff, and the third-party defendant thereupon shall assert defenses as provided by Rules 2-322 and 2-323 and may assert counterclaims and cross-claims as provided by Rule 2-331. If the plaintiff fails to assert any such claim against the third-party defendant, the plaintiff may not thereafter assert that claim in a separate action instituted after the third-party defendant has been impleaded. This section does not apply when a third-party claim has been stricken pursuant to section (e) of this Rule.
(d) Additional Parties. A third-party defendant may proceed under this Rule against any person who is or may be liable to the third-party defendant for all or part of the claim made in the pending action. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances that would entitle a defendant to do so under this Rule.
(e) Time for Filing. If a party files a third-party claim more than 30 days after the time for filing that party’s answer, any other party may file, within 15 days of service of the third-party claim, a motion to strike it or to sever it for separate trial. When such a motion is filed, the time for responding to the third-party claim is extended without special order to 15 days after entry of the court’s order on the motion. The court shall grant the motion unless there is a showing that the late filing of the third-party claim does not prejudice other parties to the action.

Md. R. Civ. P. Cir. Ct. 2-332

This Rule is derived as follows:

Section (a) is derived from former Rule 315 a.

Section (b) is derived from former Rule 315 c 1, c 2 and d 1.

Section (c) is derived from former Rule 315 d.

Section (d) is derived from former Rule 315 f 1 and 2.

Section (e) is derived from former Rule 315 b.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 21, 1995, eff. Sept. 1, 1995; Nov. 8, 2005, eff. Jan. 1, 2006; June 7, 2011, eff. July 1, 2011.

HISTORICAL NOTES

2005 Orders

The November 8, 2005, order inserted the cross reference following section (e).

2011 Orders

The June 7, 2011, order substituted “a person not a party for “a person not previously a party in section (a).

For third-party practice in health care malpractice cases, see Code, Courts Article, ยง 3-2A-04.