What Is a Third-Party Complaint in a U.S. Federal Court?
A third-party complaint is a legal pleading that allows a defendant in an existing lawsuit to bring another person or business into the case when that person or business may be legally responsible for all or part of the original plaintiff’s claim.
In U.S. federal civil litigation, third-party complaints are governed by Federal Rule of Civil Procedure 14, which is commonly known as impleader.
This procedure can help resolve related liability disputes within the same lawsuit rather than requiring separate legal proceedings.
In this guide, we explain what a third-party complaint is, when it can be filed, how it works, and what happens after a third-party defendant is brought into a case.
What Is a Third-Party Complaint?
A third-party complaint is a claim filed by a defendant against someone who is not already a party to the lawsuit.
The defendant believes that the additional person or business may be responsible for paying all or part of the amount the defendant could owe the original plaintiff.
The defendant filing the complaint is called the third-party plaintiff.
The person or business being brought into the case is called the third-party defendant.
For example, if a contractor is sued for construction damage and believes a subcontractor may be legally responsible for some of that damage, the contractor may seek to bring the subcontractor into the lawsuit through a third-party complaint, if the legal requirements are satisfied.
A third-party complaint does not automatically establish that the third-party defendant is liable.
What Is Impleader Under Rule 14?
Impleader is the legal procedure used to bring a third party into an existing lawsuit under Federal Rule of Civil Procedure 14.
Under Rule 14(a)(1), a defending party may serve a summons and third-party complaint on a nonparty who may be liable to the defending party for all or part of the plaintiff’s claim.
The purpose is to address related liability issues in one proceeding.
A third-party complaint is generally appropriate when the defendant seeks contribution, indemnification, or another legally recognised form of recovery connected to the original claim.
It is not simply a way to add any person who may have been involved in the events giving rise to the lawsuit.
Example of a Third-Party Complaint
Imagine that a property owner files a lawsuit against a general contractor, alleging that defective construction caused damage to the property.
The contractor believes that the damage was caused, in whole or in part, by defective work performed by a subcontractor.
If the contractor has a valid legal basis to seek contribution or indemnification from the subcontractor, it may file a third-party complaint under Rule 14.
The parties would be:
Original plaintiff: The property owner.
Original defendant: The general contractor.
Third-party plaintiff: The general contractor, when bringing the additional claim.
Third-party defendant: The subcontractor.
The court may then consider the original claim and the related third-party claim in the same litigation.
However, the subcontractor’s liability must be established under the applicable law and evidence. Filing the complaint alone does not prove responsibility.
Who Can File a Third-Party Complaint?
Under Rule 14(a), a defending party may bring a third-party complaint against a nonparty who may be liable for all or part of the original plaintiff’s claim.
Common examples include claims for:
Contribution: A defendant seeks to recover an appropriate share of liability from another responsible party, where contribution is available under the applicable law.
Indemnification: A defendant seeks to recover losses from another party based on a contract or applicable legal rule.
Related reimbursement claims: A defendant seeks another legally available form of recovery connected to the original claim.
Rule 14(b) also permits a plaintiff, when a claim has been asserted against that plaintiff, to use third-party practice in circumstances where a defendant would be permitted to implead a third party.
When Can a Defendant File a Third-Party Complaint?
Timing is important when filing a third-party complaint in federal court.
Under Federal Rule of Civil Procedure 14(a)(1):
A defendant may file a third-party complaint without obtaining prior leave of court if it is filed within 14 days after serving the original answer.
If the defendant files it after that 14-day period, the defendant must obtain the court’s permission.
The deadline is calculated from service of the original answer, not from the date the lawsuit was filed.
A party should also review the court’s scheduling order, local rules, and any other applicable deadlines.
What Must a Third-Party Complaint Contain?
A third-party complaint should clearly identify the parties, explain the relevant facts, and state the legal basis for bringing the additional party into the case.
Depending on the circumstances, it generally includes:
1. Court and Case Information
Identify the federal court, case number, and existing parties.
2. Identification of the Third-Party Defendant
Provide the name and required identifying information for the person or business being brought into the lawsuit.
3. Relevant Factual Allegations
Explain the events connected to the original lawsuit and how the proposed third-party defendant is allegedly involved.
4. Legal Basis for the Claim
Explain why the third-party defendant may be legally responsible to the defendant for all or part of the original claim.
5. Specific Claims for Relief
Identify the applicable claims, such as contribution or indemnification, where supported by the facts and governing law.
6. Requested Relief
State what the third-party plaintiff asks the court to award or determine.
The pleading must comply with applicable federal pleading rules, including Rules 8, 10, and 11, as relevant.
What Happens After a Third-Party Complaint Is Filed?
Once a third-party complaint is properly filed and served, the third-party defendant becomes a party to the lawsuit.
The third-party defendant has procedural rights and responsibilities under the Federal Rules of Civil Procedure.
Under Rule 14(a)(2), the third-party defendant may:
Respond to the third-party plaintiff’s claim and raise applicable defences.
Assert compulsory counterclaims against the third-party plaintiff when required by Rule 13(a).
Assert permissive counterclaims and appropriate crossclaims.
Raise against the original plaintiff any defence that the third-party plaintiff has to the original plaintiff’s claim.
Assert certain claims directly against the original plaintiff arising out of the transaction or occurrence that is the subject matter of the original claim.
The original plaintiff may also assert a claim against the third-party defendant if it arises out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the original defendant.
These additional claims remain subject to applicable pleading, jurisdictional, and procedural requirements.
Can the Original Plaintiff Sue the Third-Party Defendant?
Yes.
Under Rule 14(a)(3), the original plaintiff may assert a claim against the third-party defendant if that claim arises out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the original defendant.
For example, a property owner who originally sued a contractor may bring a qualifying claim against an impleaded subcontractor.
However, the original plaintiff is not automatically required to assert such a claim.
The plaintiff must determine whether to bring the claim, subject to applicable rules and deadlines.
Third-Party Complaint vs. Counterclaim vs. Crossclaim
These pleadings serve different purposes in federal civil litigation.
| Pleading | Meaning |
|---|---|
| Third-party complaint | A claim against a nonparty who may be liable to the defending party for all or part of the original claim. |
| Counterclaim | A claim asserted against an opposing party. |
| Crossclaim | A claim asserted against a coparty, such as one defendant against another defendant, when permitted by Rule 13(g). |
The key difference is that a third-party complaint is used to bring a new party into the lawsuit based on qualifying potential liability connected to the original claim.
Can a Third-Party Complaint Be Dismissed or Severed?
Yes.
A third-party complaint is not guaranteed to remain part of the original lawsuit.
Under Rule 14(a)(4), any party may move to strike the third-party claim, sever it, or have it tried separately.
For example, a party may request that a third-party claim be removed or tried separately if there are appropriate procedural or case-management reasons.
The court decides the motion based on the applicable rules and circumstances.
Does a Third-Party Complaint Require Court Permission?
Not always.
A defending party may file a third-party complaint without leave of court within 14 days after serving its original answer.
After that period, the defending party must obtain the court’s permission.
Obtaining permission to file does not establish that the third-party defendant is liable. The allegations must still be resolved through the litigation process.
Does Filing a Third-Party Complaint Automatically Make the Third Party Liable?
No.
A third-party complaint is an allegation, not a final determination of liability.
The third-party plaintiff must establish the required elements of the claim under the applicable law.
The third-party defendant may contest the allegations, raise appropriate defences, and seek procedural remedies where available.
The outcome depends on the facts, evidence, governing law, and the court’s decisions.
Practical Considerations Before Filing
Before filing a third-party complaint in federal court, consider the following:
Whether the proposed third-party defendant may be liable to the defending party for all or part of the original claim.
Whether impleader is permitted under Rule 14 and applicable substantive law.
Whether the 14-day filing period has expired.
Whether leave of court is required.
Whether the court has subject-matter jurisdiction over the relevant claims.
Whether personal jurisdiction and proper service requirements are satisfied.
Whether the allegations are supported by facts and law.
Whether local rules or scheduling orders impose additional requirements.
A third-party complaint should not be used merely to add an unrelated dispute or a person who may be directly liable to the original plaintiff but has no qualifying liability to the third-party plaintiff.
Frequently Asked Questions
1. What is a third-party complaint in simple terms?
It is a legal claim that allows a defendant to bring another person or business into an existing lawsuit because that party may be responsible for all or part of the original claim.
2. What federal rule governs third-party complaints?
Federal Rule of Civil Procedure 14 governs third-party practice, commonly called impleader.
3. How long does a defendant have to file a third-party complaint?
A defendant may file without leave within 14 days after serving its original answer. After that, court permission is required.
4. Can a plaintiff bring a claim against a third-party defendant?
Yes. Rule 14(a)(3) permits a qualifying claim arising out of the transaction or occurrence that is the subject matter of the original claim.
5. Can a third-party defendant challenge the complaint?
Yes. The third-party defendant may raise applicable defences and use procedural remedies available under the Federal Rules.
6. Is a third-party complaint the same as a counterclaim?
No. A counterclaim is asserted against an opposing party, while a third-party complaint brings a nonparty into the lawsuit based on qualifying potential liability.
Conclusion
A third-party complaint is an important procedural tool in U.S. federal civil litigation.
Under Federal Rule of Civil Procedure 14, it allows a defending party to bring a nonparty into an existing lawsuit when that party may be liable for all or part of the original plaintiff’s claim.
When properly used, impleader can help resolve related liability disputes in one proceeding. However, filing deadlines, jurisdictional requirements, pleading standards, and the legal basis for the claim must all be considered.
Understanding these requirements can help litigants better understand how third-party practice works in federal court.
Authoritative Legal Sources
Legal Disclaimer
This article is for general informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Federal and state procedural rules may differ, and their application depends on the facts and circumstances of each case. Consult a qualified attorney regarding your specific legal situation.
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