What Is an Impleader? Third-Party Practice Explained in California and Federal Courts
Litigation is rarely simple. Sometimes, existing parties in a lawsuit realize that another person or entity may be responsible for the dispute or for part of the damages being claimed. In such cases, the concept of impleader allows a defendant to bring in a third party, potentially shifting responsibility and protecting their own interests.
The Basic Definition: Impleader
Impleader is a procedure by which a defendant brings a third party into the existing lawsuit, claiming that the third party is liable for all or part of what the plaintiff is seeking. This often happens where the defendant believes someone else should indemnify them or share in the liability.
In federal court, impleader is governed by Federal Rule of Civil Procedure 14. The new party is called a “third-party defendant,” and the defendant becomes a “third-party plaintiff” for that purpose.
Why Is Impleader Useful?
Impleader is a strategic tool, vital in cases involving:
Indemnity: If a defendant is only responsible if someone else fails to perform their own legal duty (e.g., a subcontractor in a construction defect case).
Contribution: When several parties may be liable for the same injury and the initial defendant wants to apportion responsibility.
Insurance: The main defendant may bring in an insurer who should cover the claim.
By using impleader, courts can resolve related claims efficiently and avoid piecemeal judgments. All responsible parties are handled in a single case, which saves time and resources.
How Impleader Works in Federal Court
Federal Practice:
Under Fed. R. Civ. P. 14(a), a defendant serves a third-party complaint on a nonparty “who is or may be liable to it for all or part of the claim against it.” The third-party defendant can respond and even assert claims of their own. Court approval may be required if the impleader is not filed promptly. The main plaintiff can also assert claims against the third-party defendant if appropriate.
Impleader in California State Courts
In California, the procedure is slightly different but serves the same purpose.
Defendants may file a “cross-complaint” against a nonparty under Cal. Civ. Proc. Code § 428.10, bringing that third party into the case.
The new party has full rights to defend and assert related claims.
This is common in construction, personal injury, and business cases where indemnity is an issue.
Practical Examples
A general contractor sued for defective work may “implead” the subcontractor alleged to have caused the problem.
A driver sued for an auto accident may bring in another driver, claiming shared or greater responsibility.
Strategic Tips and Common Pitfalls
Impleader must be based on actual liability for the original claim—you cannot simply use it to complicate or delay proceedings.
File promptly and follow all court rules for serving and responding.
Know that bringing in a third party may open up new claims against you, so weigh the risks as well as the benefits.
Consult with an attorney to ensure that impleader is appropriate and pursued correctly.
Conclusion
Impleader is a powerful third-party procedure in both California and federal litigation, allowing defendants to shift part or all liability to others. By understanding the rules and timing for impleader, parties can protect themselves, streamline litigation, and ensure the court addresses all related claims in one proceeding.
Key Citations:
Fed. R. Civ. P. 14
Cal. Civ. Proc. Code § 428.10
