During 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
- 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”:
- must assert any defense against the third-party plaintiff’s claim under Rule 12;
- 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);
- may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim; and
- 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.
- 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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