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Idaho Civil Rule 14: Third Party PracticeDuring a civil action, such as dog bites or car accidents, there are times when a third party may be joined by either the plaintiff or the defendant. These situations are governed under Rule 14. The first rule is that a defending party can bring in a third party without the permission of the court if it before 14 days since the defendant served their original answer. After the 14-day period, the defendant can still bring in a third party, but must first obtain the court’s permission.

In addition, the rule describes how the plaintiff, defendant, and a third-party can bring claims against one another. The rule also states that any party can make a motion to strike, sever or try separately any claim brought by the third party.

Lastly, the Idaho Civil Rule 14 states that, when a claim is brought against the plaintiff, the plaintiff can bring in a third party if the rule would have allowed the defendant to bring in a third party in the same circumstance.

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Idaho Civil Rule 14: Third Party Practice

  1. When a defending party may bring in a third party.
    • Timing of the summons and complaint. A defending party may, as a third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 14 days after serving its original answer.
    • Third-party defendant’s claims and defenses. The person served with the summons and third-party complaint, the “third-party defendant”:
      1. must assert any defense against the third-party plaintiff’s claim under Rule 12;
      2. must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);
      3. may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim; and
      4. may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.
    • Plaintiff’s claims against a third-party defendant. The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g).
    • Motion to strike, sever, or try separately. Any party may move to strike the third-party claim, to sever it, or to try it separately.
    • Third-party defendant’s claim against a nonparty. A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.
  2. When a plaintiff may bring in a third party. When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this would allow a defendant to do so.

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Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

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