Rule 14. Third-Party
Practice
(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. But the third-party plaintiff must, by motion, obtain
the court’s leave if it
files the third-party complaint 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 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).
. . .
(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 claim is
asserted against a plaintiff, the plaintiff may bring in a third party
if this rule would
allow a defendant to do so.