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Rule 14 – Third-party Practice

May 13, 2021 | Civil Procedure, Indiana

(A) When defendant may bring in third party. A defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff’s claim against him. The third-party plaintiff must file the third-party complaint with his original answer or by leave of court thereafter with good cause shown. The person served with the summons and the third-party complaint, hereinafter called the third-party defendant, as provided in Rules 12 and 13 may make:

(1) his defenses, cross-claims and counterclaims to the third-party plaintiff’s claims;
(2) his defenses, counterclaims and cross-claims against any other defendants or third-party defendants;
(3) any defenses or claims which the third-party plaintiff has to the plaintiff’s claim which are available to the third-party defendant against the plaintiff; and
(4) any defenses or claims which the third-party defendant has as against the plaintiff.

The plaintiff may assert any claim against the third-party defendant who thereupon may assert his defenses, counterclaims and cross-claims, as provided in Rules 12 and 13. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third-party defendant.

(B) When plaintiff may bring in third party. When a counterclaim or other claim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances, which, under this rule, would entitle a defendant to do so.
(C) Severance-Parties improperly impleaded. With his responsive pleading or by motion prior thereto, any party may move for severance of a third-party claim or ensuing claim as provided in this rule or for a separate trial thereon. If the third-party defendant is a proper party to the proceedings under any other rule relating to parties, the action shall continue as in other cases where he is made a party.

Ind. R. Civ. P. 14