Impleader
Encyclopedia
Impleader is a procedural device before trial in which one party joins
a third party
into a lawsuit because that third party is liable to an original defendant
. Using the vocabulary of the Federal Rules of Civil Procedure
, the defendant seeks to become a third-party plaintiff by filing a third party complaint against a third party not presently party to the lawsuit, who thereby becomes a third-party defendant. This complaint alleges that the third party is liable for all or part of the damages that the original plaintiff may win from the original defendant.
The theory is that two cases may be decided together and justice may be done more efficiently than having two suits in a series.
Common bases of contingent or derivative liability
by which third parties may be impleaded include indemnity
, subrogation
, contribution
, and warranty
.
For example, in a case where a driver rear-ended another car due to faulty brakes, and is sued by the accident victim, the driver may decide to implead the repair shop where the brakes were worked on because the driver's liability derives from the repair shop's liability for their faulty repair of the brakes.
.
Rule 14(a)(1): The nonparty must be served with the third party complaint as well a summons. If the original defendant intends to do this more than 14 days after serving its original answer, it must first, by motion, obtain the court's leave to do so.
Rule 14(a)(2): When properly served, the third-party defendant
Rule 14(a)(3): The original plaintiff may now assert claims against the third-party defendant, as long as they arise out of the transaction or occurrence that is the subject matter of his 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 cross-claim
under Rule 13(g).
Rule 14(a)(4): Any party may move to strike the third-party claim, to sever it, or to try it separately.
Rule 14(a)(4): A third-party defendant may engage in third-party practice of his own.
Rule 14(a)(5): [special rules regarding maritime or admiralty jurisdiction.]
Rule 14(b): When a claim is asserted against a plaintiff, he may engage in third-party practice of his own.
Rule 14(c): [special rules regarding maritime or admiralty jurisdiction.]
Joinder
Joinder is a legal term, which refers to the process of joining two or more legal issues together to be heard in one hearing or trial. It is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair...
a third party
Party
A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, or recreation. A party will typically feature food and beverages, and often music and dancing as well....
into a lawsuit because that third party is liable to an original defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
. Using the vocabulary of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, the defendant seeks to become a third-party plaintiff by filing a third party complaint against a third party not presently party to the lawsuit, who thereby becomes a third-party defendant. This complaint alleges that the third party is liable for all or part of the damages that the original plaintiff may win from the original defendant.
The theory is that two cases may be decided together and justice may be done more efficiently than having two suits in a series.
Common bases of contingent or derivative liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
by which third parties may be impleaded include indemnity
Indemnity
An indemnity is a sum paid by A to B by way of compensation for a particular loss suffered by B. The indemnitor may or may not be responsible for the loss suffered by the indemnitee...
, subrogation
Subrogation
Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim....
, contribution
Contribution
Contribute may refer to:*Adobe Contribute Web editing softwareContribution may refer to:*Donation*Sharing*Payment*Contribution : a payment between defendants with joint and several liability to apportion liability....
, and warranty
Warranty
In business and legal transactions, a warranty is an assurance by one party to the other party that specific facts or conditions are true or will happen; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed.In real estate transactions, a...
.
For example, in a case where a driver rear-ended another car due to faulty brakes, and is sued by the accident victim, the driver may decide to implead the repair shop where the brakes were worked on because the driver's liability derives from the repair shop's liability for their faulty repair of the brakes.
Federal Rules of Civil Procedure
An example of this is Rule 14 ("Third Party Practice") of the Federal Rules of Civil ProcedureFederal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
.
Rule 14(a)(1): The nonparty must be served with the third party complaint as well a summons. If the original defendant intends to do this more than 14 days after serving its original answer, it must first, by motion, obtain the court's leave to do so.
Rule 14(a)(2): When properly served, the third-party defendant
- must assert any defense against the thirdparty plaintiff's claim under Rule 12;
- must assert any counterclaimCounterclaimIn civil procedure, a party's claim is a counterclaim if the defending party has previously made a claim against the claiming party.Examples of counterclaims include:...
s against the third-party plaintiff that are compulsory under Rule 13(a); - 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);
- may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim;
- and 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.
Rule 14(a)(3): The original plaintiff may now assert claims against the third-party defendant, as long as they arise out of the transaction or occurrence that is the subject matter of his 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 cross-claim
Cross-claim
A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim Black's Law Dictionary.-U.S. Federal courts:...
under Rule 13(g).
Rule 14(a)(4): Any party may move to strike the third-party claim, to sever it, or to try it separately.
Rule 14(a)(4): A third-party defendant may engage in third-party practice of his own.
Rule 14(a)(5): [special rules regarding maritime or admiralty jurisdiction.]
Rule 14(b): When a claim is asserted against a plaintiff, he may engage in third-party practice of his own.
Rule 14(c): [special rules regarding maritime or admiralty jurisdiction.]
Other third-party claims
- Cross-ClaimCross-claimA crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim Black's Law Dictionary.-U.S. Federal courts:...
- InterpleaderInterpleaderInterpleader is a form of action originally developed under equity jurisprudence. It allows a plaintiff to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not...
- Intervention