Third-Party Complaint (Impleader)

When the third-party complaint is used

Timing: early in the case, after the answer. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• The third-party plaintiff must obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer (Rule 14(a)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 14(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The third-party complaint in state court

This page covers the federal version. In state court, the third-party complaint may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Impleader: bringing a third party into a lawsuit because that party may be liable for some or all of the claim. Also called a third-party complaint.

Related procedures

Similarly, these procedures often come up alongside it:

• Counterclaim: a claim a defending party asserts against the opposing party.
• Crossclaim: a claim by one party against a coparty — for example, one defendant against another defendant.
• Joinder of Parties (Required and Permissive): the rules for who must, and who may, join as parties in one lawsuit.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.