What Is Impleader in Civil Procedure?

Impleader is a procedural mechanism in civil litigation that allows a defendant to bring a third party into a lawsuit who may be liable for some or all of the defendant's liability to the original plaintiff. This is governed by Rule 14 of the Federal Rules of Civil Procedure.

Impleader is a legal tool used in civil procedure often employed by defendants who believe that a third party should share in the liability if the defendant is found liable to the plaintiff. This is facilitated by Rule 14 of the Federal Rules of Civil Procedure, which allows a defendant to bring in a third party who may be responsible for the claim against them. This mechanism serves to resolve all related claims in one proceeding rather than requiring multiple lawsuits, thus promoting judicial efficiency and reducing the risk of inconsistent verdicts.

For example, if a driver (Defendant A) is sued by a pedestrian (Plaintiff) for negligence after an accident, the driver can implead a car manufacturer (Third Party Defendant B) if they believe a defect in the car contributed to the accident. This ensures that all relevant parties are included in the litigation, which can lead to more comprehensive and fair judgments.

Impleader also has certain strategic benefits; it can shift liability and potentially lead to the third party stepping in to defend itself against the plaintiff's claims. Defendants often use this as a tactical measure to limit their own damages by attributing fault or liability to another party.

While Rule 14 primarily contemplates the defendant’s involvement of a third party, it is crucial to remember that the court must have subject matter jurisdiction over the new party, and the rule sets specific time limits for the impleader motion. Furthermore, any claims made against the third-party defendant need to arise out of the same transaction or occurrence as the plaintiff's original claim.

Impleader is not without its limitations, and courts have discretion in allowing these motions. If the third party is too remote from the original claim or if the impleader significantly complicates the proceedings, courts may refuse to allow the third party's inclusion in the case.

• 1American Fidelity & Casualty Co. v. Treadway (1941) - Established that a third party must be liable to the original defendant in order to be impleaded.
• 2International Insurance Co. v. Harker (1990) - Clarified that impleader can only be used for claims that are derivative of the plaintiff's own claim against the defendant.
• 3Baker v. Raymond Int'l Inc. (1990) - Highlighted the importance of the joinder rules in the context of putting all related claims before the court.

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