Civil Procedure · Procedure and Parties
Impleader is a procedural device that allows a defendant to bring in a third party who may be liable for all or part of the plaintiff's claim against the defendant.
Source: Civil Procedure · Procedure and Parties
Impleader is governed by Rule 14 of the Federal Rules of Civil Procedure and allows a defendant to bring in a third-party defendant, enabling issues of liability to be resolved efficiently in a single action. The defendant is typically seeking to share or transfer the burden of liability to the third party, who may then be responsible for indemnifying the defendant or contributing to any damages awarded against them. The goal of impleader is not only to streamline litigation but also to protect the defendant from multiple suits regarding the same issue, promoting judicial economy by consolidating claims and defenses in one forum.
The court has discretion in whether to allow impleader, focusing on whether the third party's involvement is necessary for a complete adjudication of the dispute. Specifically, Rule 14 allows a defendant to assert a claim against a third party who is or may be liable for the original claim made against the defendant. This can include situations where the third party has a direct relationship with the underlying claim or can contribute to establishing the liability.
The defendant may implead a third party at the time of their answer, or on motion to the court, and must adhere to the procedural requirements such as proper service of process and jurisdiction. Additionally, the request for impleader should not introduce a wholly unrelated claim but should arise out of the same transaction or occurrence as the original claim. This requirement helps maintain relevance and efficiency in the litigation process, ensuring that the identity of the third party is closely linked to the original dispute.
Impleader does not affect the original plaintiff's ability to bring forth their claims against the defendant, nor does it prevent the original plaintiff from also seeking claims against the third party if permitted. This interconnectedness can lead to complex litigation scenarios but ensures that all parties related to the dispute are addressed appropriately within one lawsuit. Thus, impleader serves as a vital tool in clarifying liabilities and avoiding the risk of inconsistent judgments across separate proceedings.
Impleader has its roots in English common law, and its modern form was incorporated into the Federal Rules of Civil Procedure when they were adopted in 1938.
This case clarified the circumstances under which a defendant could implead a third party based on allegations of negligence that were closely related to the original suit.
In this case, the court addressed substantive issues regarding the nature of the claims that can be made through impleader, emphasizing the necessity of relatedness to the original dispute.
The court reaffirmed that the test for allowing impleader is inherent relatedness to the main claim and the efficiency of resolving disputes simultaneously.
A car accident occurs between Plaintiff and Defendant. Defendant believes that another driver, Third Party, caused the accident and decides to implead this driver as a third-party defendant, seeking indemnification for any damages the Plaintiff may recover against him.
Confusion: Students often confuse impleader with intervention.
Clarification: Impleader is initiated by a defendant to bring a third party into the case, while intervention is initiated by a non-party who seeks to join an existing lawsuit.
Confusion: There is confusion regarding jurisdiction and venue for the third party.
Clarification: As long as the original case is properly within the jurisdiction of the court, the court retains jurisdiction over the third-party claim, even if the third party resides in a different state.
Be prepared to analyze the relationships between the parties involved and ensure you recognize the principles surrounding procedural efficiency when discussing impleader in your exams.