What Are The Elements Of Impleader in Civil Procedure?

Impleader allows a defendant to bring in a third party if that third party may be liable for all or part of the plaintiff's claim against the defendant. The primary elements include a valid basis for the original claim and the necessity of the third party's presence for a just adjudication.

Impleader is a procedural mechanism under Rule 14 of the Federal Rules of Civil Procedure that allows a defendant to bring in a third-party defendant who is alleged to be liable for all or part of the claim being asserted against the defendant. The main purpose of impleader is to promote judicial efficiency and fairness by resolving related claims in a single lawsuit. A key element of this process is that the defendant, who impleads a third party, must have a legitimate claim that the third-party defendant is responsible—either wholly or partially—for the liability that is being contested in the original suit.

Another essential element of impleader is that the original claim must be valid and sufficiently pled. If the plaintiff's claim against the original defendant is dismissed, the basis for the third-party claim may also collapse, barring the impleader. For instance, if the original action is based on negligence, the defendant might implead another party who is also alleged to be negligent in the same incident.

Timing is also crucial in the context of impleader. Generally, a defendant is permitted to implead a third party within 14 days of serving their original answer to the complaint. After this period, the defendant may need to obtain the court’s permission to add the third-party defendant. This promotes orderly progression and prevents undue delays in litigation, thereby preserving judicial resources and easing the burden on the parties involved.

Ultimately, for a defendant to successfully implead, the third-party claim must also meet the jurisdictional and procedural requirements laid out in the applicable rules, such as having an appropriate basis for subject matter jurisdiction, usually arising from the same case or controversy as the initial claim.

• 1Rule 14 of the Federal Rules of Civil Procedure - establishes the framework for impleader.
• 2Tafflin v. Levitt (1990) - discusses the appropriate timing of impleader.
• 3Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curtis (1977) - examines the necessity of a third party's role in resolution of the original claim.

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