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
plaintiff's 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 plaintiff's
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 plaintiff's 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 plaintiff's 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 plaintiff's
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, 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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