What is the requirement for the third-party defendant after being served with a third-party complaint?

What is the requirement for the third-party defendant after being served with a third-party complaint?

• A. Must serve a 3rd-party Answer on the ∆, π and all other parties within 20/30 days
• B. Must file a motion to dismiss within 10 days
• C. Must file a reply within 5 days
• D. Must file a response in writing to the complaint within 60 days

Answer: (A)

When a third-party defendant is served with a third-party complaint, the required step is to respond by filing a third-party answer within the allotted time and serving it on the original defendant, the plaintiff, and all other parties. The time to answer is typically 20 days if service is within the same jurisdiction, or 30 days if service is outside, and the answer should address the third-party claims as well as any defenses or crossclaims the third-party defendant wants to assert. This is the proper procedural move because it brings the third-party defendant into the case formally and allows them to participate by defending against the third-party claims or seeking indemnity or contribution. Other options—such as a motion to dismiss, a short reply, or a generic 60-day written response to the main complaint—do not fit the requirement to respond specifically to the third-party complaint within the designated period.

When a third-party defendant is served with a third-party complaint, the required step is to respond by filing a third-party answer within the allotted time and serving it on the original defendant, the plaintiff, and all other parties. The time to answer is typically 20 days if service is within the same jurisdiction, or 30 days if service is outside, and the answer should address the third-party claims as well as any defenses or crossclaims the third-party defendant wants to assert.

This is the proper procedural move because it brings the third-party defendant into the case formally and allows them to participate by defending against the third-party claims or seeking indemnity or contribution. Other options—such as a motion to dismiss, a short reply, or a generic 60-day written response to the main complaint—do not fit the requirement to respond specifically to the third-party complaint within the designated period.