Who Has The Burden Of Proof For Impleader in Civil Procedure?

The original plaintiff holds the burden of proof for the claims against the defendant, while the defendant who impleads a third party generally bears the burden of proving their claims against the newly joined party.

In civil procedure, the burden of proof generally lies with the party who asserts the claim. When a defendant impleads a third party, they are asserting a claim against that party based on the notion that the third party is wholly or partially liable for the plaintiff's allegations. Hence, the defendant (now third-party plaintiff) bears the burden of proof to establish the third party's liability to them.

Rule 14 of the Federal Rules of Civil Procedure permits a defendant to bring in additional parties, referred to as third-party defendants, under specific conditions. The critical aspect of impleader is that it allows the defendant to transfer or share liability that may emerge from the original claim. The defendant must demonstrate to the court that the third party is liable in some respect for the damages claimed by the original plaintiff.

In practice, this means the defendant must present evidence and make legal arguments sufficient to prove that the third party owed a duty of care or committed a tort against the defendant, which directly contributes to the defendant’s potential liability to the plaintiff. Importantly, if the original plaintiff wishes to assert a claim against the third party, that plaintiff would need to independently establish their own burden of proof for those claims.

Additionally, if the third-party defendant raises defenses or counterclaims, the burdens may shift depending on the context of those arguments. It creates a layered structure of liability which can complicate the proceedings, but ultimately the impleading defendant carries the risk of failing to prove their case against the third party.

• 1American Zurich Insurance Co. v. Heltzel (2010) - clarified the extent of a defendant's responsibility when impleading a third party.
• 2Davidson v. Hall (1991) - emphasized the requisite standard of proof needed from an impleading defendant.
• 3Boddie v. Connecticut (1971) - discussed procedural due process related to impleader actions.
• 4Bain v. Elks (2013) - explored burden allocation in multiple party litigation and its implication on impleader.

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