Also known as: third-party complaint · third party complaint · third party claim
Written by attorneys · grounded in primary & secondary sources — see below
A pleading by which a defending party brings a nonparty into an existing action. The pleading asserts that the nonparty is or may be liable to the defending party for all or part of the claim asserted against it. The defending party may file the pleading as of right within fourteen days after serving its original answer. After that period the defending party must obtain leave of court by motion.
Lena sued CityRide Rentals in federal court for injuries from brake failure. CityRide answered the complaint. Sixty days later CityRide moved for leave to file a third-party complaint against Apex Auto Service seeking indemnity for the inspection work Apex performed. The court granted the motion because the fourteen-day period for filing as of right had expired.
Thomas Thompson sued Twin Rivers Bank for conversion of funds. Twin Rivers answered and promptly filed a third-party complaint against Thunderbolt Motors alleging that the motor company had converted the same funds and therefore owed indemnity. The third-party complaint brought Thunderbolt into the action as a new party potentially liable for the original claim.
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Tessa Takahashi sued Tidal Energy for wrongful death arising from a maritime accident. Tidal Energy answered and filed a third-party complaint against TechVista Solutions for contribution. The third-party complaint asserted that TechVista's negligence contributed to the death and that TechVista should share any liability Tidal Energy might owe to Tessa.
A defendant may file a third-party complaint as of right only within fourteen days after serving its original answer. After that window the defendant must move for leave of court.
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A third-party complaint brings a new nonparty into the action. A crossclaim asserts a claim against an existing coparty such as one defendant against another defendant. The rules permit but do not require crossclaims that arise from the same transaction or occurrence.
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Supplemental jurisdiction extends to claims against third-party defendants when the claims form part of the same case or controversy as the anchor claim. In diversity-only cases the statute bars certain claims by plaintiffs against Rule 14 parties that would destroy complete diversity.
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In a diversity case a plaintiff may not assert a claim against a nondiverse third-party defendant if the claim would destroy complete diversity. The supplemental jurisdiction statute expressly withholds jurisdiction over such plaintiff claims against Rule 14 parties.
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…In the Point Landing suit, Wolff was named as a defendant. In that suit, Omni cross-claimed against Wolff and filed a third-party complaint against Gourlay. In the Smith and George suits, Omni filed a third-party complaint against both Wolff and Gourlay. In the Rosenberg suit, no move was made against either Wolff or…