Rule 14. Third-party practice

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 the third-party plaintiff for all or part of the plaintiff’s claim against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than ten (10) days after serving the original answer. Otherwise the third-party plaintiff 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 any defenses to the third-party plaintiff’s claim as provided in Rule 12 and any 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 plaintiff’s failure to do so shall have the effect of the failure to state a claim in a pleading under Rule 13(a). The third-party defendant thereupon shall assert any defenses as provided in Rule 12 and any counter-claims 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 the third- party defendant 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, the plaintiff may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so.

(c) [Omitted.]

(dc) District court rule. Rule 14 applies in the district courts to actions which are not on the small claims docket. [Amended 5-16-83, eff. 7-1-83; Amended eff. 10-1-95.]

Committee Notes

Committee Comments on 1973 Adoption Third-party practice, or, as it usually is called, “Impleader,” is the procedure by which a defendant in an action may bring in a new party to the action, who is or may be liable to him for all or part of the plaintiff’s claim against him. The purpose of this practice, and of Rule 14 which authorizes it, is to avoid multiple suits. By permitting an entire controversy to be disposed of in one action the rule should save the time and cost of duplication of evidence, obtain consistent results from identical or similar evidence, and do away with the serious handicap to the defendant of a time difference between the judgment against him and the judgment in his favor against the party liable over to him. 3 Moore’s Federal Practice, ¶ 14.04 (2d ed. 1968). The adoption of Federal Rule 14 in 1938 was in some aspects a modern innovation in law and equity although well known in admiralty. Because of its many advantages, a liberal procedure as to impleader had developed prior to 1938 in England, in the federal admiralty courts, and in some American state jurisdictions. Alabama Equity Rule 26 might have permitted impleader, but it was construed as permitting a defendant to bring in a third-party only where the plaintiff had a claim against that third party. Behan v. Friedman, 216 Ala. 478, 113 So. 538 (1927); Maryland Casualty Co. v. Holmes, 230 Ala. 332, 160 So. 768 (1935). These decisions denied the kind of impleader which is permitted by Rule 14. Under the rule it is entirely irrelevant to the defendant’s right to bring in a third party claimed to be liable over to him that the plaintiff has no claim against the third party. Burris v. American Chicle Co., 29 F.Supp. 779 (E.D.N.Y.1939), aff’d 120 F.2d 218 (2d Cir.1941). See Comment, Third Party Practice in Equity: Past, Present, Future, 2 Cumberland-Sanford L.Rev. 421 (1971). In 1965, the Alabama legislature enacted Tit. 7, § 259, Code of Ala., making impleader available in state practice. T