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Supreme Court Rules



Section/Rule:
52.11

Subject:
Rule 52 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Parties
Publication / Adopted Date:
April 21, 1972

Topic:
Third-Party Practice
Revised / Effective Date:
January 1, 1994

52.11. 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 petition to be served upon a person not a party to the action who is or may be liable to the defending party for all or part of the plaintiff's claim against the defending party.

The third-party plaintiff need not obtain leave to make the service if the third-party petition is filed not later than ten days after the defending party serves the original answer. Otherwise, the defending party shall obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party petition, hereinafter called the third-party defendant, shall make defenses to the third-party plaintiff's claim as provided in Rule 55 and counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 55. The third-party defendant may assert against the plaintiff any defenses that 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 defenses as provided in Rule 55 and counterclaims and cross-claims as provided in Rule 55. 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 52.11 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 that under this Rule 52.11 would entitle a defendant to do so.

(c) Execution by Third-Party Plaintiff - Limitation. Where a third-party defendant is liable to the plaintiff, or to any one holding a similar position under Rule 52.11(a) or 52.11(b), on the claim on which a third-party plaintiff has been sued, execution by the third-party plaintiff on a judgment against the third-party defendant shall be permitted only to the extent that the third-party plaintiff has paid any judgment obtained against the third-party plaintiff by the obligee.

(Renumbered from 52.10 and amended April 21, 1972, eff. Dec. 1, 1972. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)

Committee Note - 1974