State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_14

Rule 14. Third‑partypractice.

(a)        When defendant maybring in third party. – At any time after commencement of the action adefendant, as a third‑party plaintiff, may cause a summons and complaintto be served upon a person not a party to the action who is or may be liable tohim for all or part of the plaintiff's claim against him. Leave to make theservice need not be obtained if the third‑party complaint is filed notlater than 45 days after the answer to the complaint is served. Otherwise leavemust be obtained on motion upon notice to all parties to the action. The personserved with the summons and third‑party complaint, hereinafter called thethird‑party defendant, shall make his defense to the third‑partyplaintiff's claim as provided in Rule 12 and his counterclaims against thethird‑party plaintiff and crossclaim against other third‑partydefendants as provided in Rule 13. The third‑party defendant may assertagainst the plaintiff any defenses which the third‑party plaintiff has tothe plaintiff's claim. The third‑party defendant may also assert anyclaim against the plaintiff arising out of the transaction or occurrence thatis the subject matter of the plaintiff's claim against the third‑partyplaintiff. The plaintiff may assert any claim against the third‑partydefendant arising out of the transaction or occurrence that is the subjectmatter of the plaintiff's claim against the third‑party plaintiff, andthe third‑party defendant thereupon shall assert his defenses as providedin Rule 12 and his counterclaims and crossclaims as provided in Rule 13. Anyparty may move for severance, separate trial, or dismissal of the third‑partyclaim. A third‑party defendant may proceed under this rule against anyperson not a party to the action who is or may be liable to him for all or partof the claim made in the action against the third‑party defendant.

Where the normal statute oflimitations period in an action arising on a contract is extended as providedin G.S. 1‑47(2) or in any action arising on a contract or promissorynote, upon motion of the defendant the court may order to be made partiesadditional defendants, including any party of whom the plaintiff is a subrogee,assignee, third‑party beneficiary, endorsee, agent or transferee, or suchother person as has received the benefit of the contract by transfer ofinterest.

(b)        When plaintiff maybring in third party. – When a counterclaim is asserted against a plaintiff, hemay cause a third party to be brought in under circumstances which under thisrule would entitle a defendant to do so.

(c)        Rule applicable toState of North Carolina. – Notwithstanding the provisions of the Tort ClaimsAct, the State of North Carolina may be made a third party under subsection (a)or a third‑party defendant under subsection (b) in any tort action. Insuch cases, the same rules governing liability and the limits of liability ofthe State and its agencies shall apply as is provided for in the Tort ClaimsAct. (1967, c. 954, s. 1; 1969, c. 810, s. 2; 1975, c. 587,s. 1; 1981, c. 92; c. 810.)