Impleader is a legal procedure in the US civil court system where a defendant brings a third party into a lawsuit who may be liable for damages. This is governed by section 14 of the federal rules of civil procedure. Impleader is often used when a defendant has liability insurance. A court may grant a defendant’s motion to involve a third party in the action to promote judicial economy.
In the United States civil court system, an impeader is a procedural device by which a defendant in a lawsuit attempts to bring a third party into the action. This third party may be ultimately liable, in whole or in part, for the damages that the plaintiff seeks in the underlying action. For example, a motorist who is sued by another for injuries sustained in an accident caused by his faulty brakes may seek to plead with the auto shop that recently repaired his brakes negligently. A motion to involve a third party in an existing civil action is governed by section 14 of the federal rules of civil procedure.
Article 14 provides that “the defendant, as a third party claimant, may have a summons and complaint served on a person who is or may be liable to the third party claimant for all or part of the plaintiff’s claim against the third plaintiff”. Most state jurisdictions have similar provisions that mirror this federal rule. A defendant who successfully engages a third party in the action becomes a third party plaintiff and the appellant party becomes a third party defendant.
Impleader is often used in situations where a defendant in a civil action has an existing liability insurance policy that stipulates that the insurance company will defend them in the action and pay any damages the plaintiff may receive. For example, a homeowner with a liability insurance policy who is sued by a guest for injuries sustained in a slip-and-fall accident may seek to bring his insurance company into the action as a third party defendant. If the plaintiff receives damages against the homeowner as a third party plaintiff, the homeowner can recover them from his insurance company.
A court may grant a defendant’s motion to involve a third party in the action. One purpose of the Implicator Rule is to promote judicial economy by resolving related issues in a case. If a third party brings another party into the action under a contribution or indemnity agreement, he saves them from having to file a subsequent lawsuit against the third party defendant. Most courts balance the judicial interest in having questions of liability and contribution determined in a single action against the likelihood that the proceedings could complicate the action, cause delay, harm the plaintiff, or confuse the jury .
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