By

Nevada Rules of Civil Procedure

Rule 14. Third-Party Practice

(a)     When a Defending Party May Bring in a Third Party.

(1)    Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, file a third-party complaint against a nonparty, the third-party defendant, who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court’s leave to file the third-party complaint if it files the third- party complaint more than 14 days after serving its original answer. A summons, the complaint, and the third-party complaint must be served on the third-party defendant, or service must be waived.

(2)    Third-Party Defendant’s Claims and Defenses. After being served or waiving service, the third-party defendant:

(A)   must assert any defense against the third-party plaintiffs claim under Rule 12;

(B)    must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against a defendant or another third-party defendant under Rule 13(g);

(C)   may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiffs claim; and

(D)   may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiffs claim against the third-party plaintiff.

(3)     Plaintiff’s Claims Against a Third-Party Defendant. The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiffs claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g).

(4)   Defendant’s Claims Against a Third-Party Defendant. A defendant may assert against the third-party defendant any crossclaim under Rule 13(g).

(5)   Motion to Strike, Sever, or Try Separately. Any party may move to strike the third-party claim, to sever it, or to try it separately.

(6)   Third-Party Defendant’s Claim Against a Nonparty. A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.

(b)   When a Plaintiff May Bring in a Third Party. When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

Advisory Committee Note—2019 Amendment

The amendments generally conform Rule 14 to FRCP 14. The modifications to Rules 14(a)(2)(B) and 14(a)(4) permit defendants and third- party defendants to bring crossclaims against each other as “coparties” under Rule 13(g).

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

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