When may a defendant file a third-party complaint in impleader?

When may a defendant file a third-party complaint in impleader?

• A. After serving the answer
• B. After serving the complaint
• C. Before serving any pleading
• D. After a court order

Answer: (A)

Impleader lets a defendant bring in a nonparty who may be liable to the defendant for all or part of the plaintiff’s claim. The usual timing is after the defendant has served an answer to the plaintiff’s complaint. This sequencing lets the defendant address the plaintiff’s allegations first, then shift liability to a third party if appropriate, while preserving the plaintiff’s opportunity to respond to the third-party claim and keeping the pleadings orderly. Once the third-party complaint is filed, the third-party defendant becomes part of the case and can face defenses and potential indemnity or contribution issues. If a defendant wanted to implead before answering, the court would generally need permission, but the standard rule centers on filing after the answer has been served.

Impleader lets a defendant bring in a nonparty who may be liable to the defendant for all or part of the plaintiff’s claim. The usual timing is after the defendant has served an answer to the plaintiff’s complaint. This sequencing lets the defendant address the plaintiff’s allegations first, then shift liability to a third party if appropriate, while preserving the plaintiff’s opportunity to respond to the third-party claim and keeping the pleadings orderly. Once the third-party complaint is filed, the third-party defendant becomes part of the case and can face defenses and potential indemnity or contribution issues. If a defendant wanted to implead before answering, the court would generally need permission, but the standard rule centers on filing after the answer has been served.