RULE 14
THIRD PARTY PRACTICE
(a) When Defendant May Bring in Third Party. At any time after
commencement of the action 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 plaintiffs
claim against him. The third party plaintiff need not obtain leave to make
the service if he files the third party complaint not later than 10 days
after he serves his original answer. Otherwise he must obtain leave on
motion upon notice to all parties to the action. The person served with the
summons and third party complaint, hereinafter called the third party
defendant, shall make his defenses to the third party plaintiffs claim as
provided in rule 12 and his counterclaims against the third party plaintiff
and cross claims against other third party defendants as provided in rule
13. The third party defendant may assert against the plaintiff any defenses
which the third party plaintiff has to the plaintiffs claim. The third
party defendant may also assert any claim against the plaintiff arising out
of the transaction or occurrence that is the subject matter of the
plaintiffs claim against the third party plaintiff. The plaintiff may
assert any claim against the third party defendant arising out of the
transaction or occurrence that is the subject matter of the plaintiffs
claim against the third party plaintiff, and the third party defendant
thereupon shall assert his defenses as provided in rule 12 and his
counterclaims and cross claims as provided in rule 13. Any party may move
to strike the third party claim, or for its severance or separate trial. 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 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) Tort Cases. This rule shall not be applied in tort cases, so as to
permit the joinder of a liability or indemnity insurance company, unless
such company is by statute or contract directly liable to the person
injured or damaged.
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