A third party complaint is appropriate if the person summoned is not in the original party.

A third party complaint is appropriate if the person summoned is not in the original party.

• A. True
• B. False
• C. Only if the case is complex
• D. Only if the party consents

Answer: (A)

A defendant may bring in someone who isn’t already a party when that nonparty may be liable to the defendant for all or part of the plaintiff’s claim. This is exactly what a third-party complaint does: it impleads a nonparty to the action so they can be liable to the defendant, potentially shifting or sharing responsibility. The third party then becomes part of the case, and the plaintiff remains the plaintiff, with the option to assert claims against the new party as well. This is not limited by case complexity or by needing the other party’s consent; it’s about the third person’s possible liability to the defendant. For example, if a contractor is sued and believes a subcontractor may be liable to the contractor for damages caused, the contractor can file a third-party complaint against that subcontractor.

A defendant may bring in someone who isn’t already a party when that nonparty may be liable to the defendant for all or part of the plaintiff’s claim. This is exactly what a third-party complaint does: it impleads a nonparty to the action so they can be liable to the defendant, potentially shifting or sharing responsibility. The third party then becomes part of the case, and the plaintiff remains the plaintiff, with the option to assert claims against the new party as well. This is not limited by case complexity or by needing the other party’s consent; it’s about the third person’s possible liability to the defendant. For example, if a contractor is sued and believes a subcontractor may be liable to the contractor for damages caused, the contractor can file a third-party complaint against that subcontractor.