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Rule 14 – Third-party Practice

May 14, 2021 | Civil Procedure, North Dakota

(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. The third-party plaintiff must, by motion, obtain the court’s leave if it seeks to commence a third-party action 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 third-party 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 against 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, sever, or try the third-party claim 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.
(b) When a Plaintiff May Bring in a Third Party. When a counterclaim is asserted against a plaintiff, the plaintiff may bring in a third party.

N.d. R. Civ. P. 14

Joint Procedure Committee Minutes of April 29-30, 2010, pages 10-11; January 24, 2008, pages 19-20; April 20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 10; Fed.R.Civ.P. 14.

EXPLANATORY NOTE Rule 14 was amended, effective March 1, 1990;March 1, 2011. Rule 14 is based on Fed.R.Civ.P. 14. Rule 14 was amended, effectiveMarch 1, 2011, in response to theDecember 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Paragraph (a)(1) was amended, effectiveMarch 1, 2011, to increase the time before a third-party plaintiff must obtain the court’s leave if it seeks to commence a third-party action from 10 to 14 days. STATUTES AFFECTED: SUPERSEDED: Sections 28-0714, 28-0907, NDRC 1943.

Rules 4 (Persons Subject to Jurisdiction-Process-Service), 5 (Service and Filing of Pleadings and Other Papers), 8 (General Rules of Pleading), 12 (Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings), and 13 (Counterclaim and Cross-Claim), N.D.R.Civ.P.