In a third-party impleader, after the original defendant has served an answer, what may the defendant do regarding third-party impleader?

In a third-party impleader, after the original defendant has served an answer, what may the defendant do regarding third-party impleader?

• A. File a summons and a third-party complaint
• B. File a motion to dismiss
• C. Serve an amended complaint
• D. Seek a default judgment

Answer: (A)

Impleader is the process by which a defendant can bring in a person who may be liable to the defendant for all or part of the plaintiff’s claim. After the original defendant has answered, the proper step is to file a summons and a third-party complaint naming the third-party defendant and to serve that process on them. This creates a new party in the case who can defend the claim and possibly assert their own defenses or crossclaims. The other options don’t accomplish adding a new party: a motion to dismiss targets the plaintiff’s complaint, not the addition of a new party; an amended complaint would be something the plaintiff would file to modify the complaint; and a default judgment is not about adding parties.

Impleader is the process by which a defendant can bring in a person who may be liable to the defendant for all or part of the plaintiff’s claim. After the original defendant has answered, the proper step is to file a summons and a third-party complaint naming the third-party defendant and to serve that process on them. This creates a new party in the case who can defend the claim and possibly assert their own defenses or crossclaims. The other options don’t accomplish adding a new party: a motion to dismiss targets the plaintiff’s complaint, not the addition of a new party; an amended complaint would be something the plaintiff would file to modify the complaint; and a default judgment is not about adding parties.