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Impleader

Impleader is a legal process where a defendant in a lawsuit brings in a new third party who the defendant believes should be responsible for all or part of the plaintiff's claim.

What it actually is

Impleader occurs after the plaintiff has sued the defendant; the defendant then files a third-party complaint against someone not originally part of the case, claiming that this third party owes the defendant indemnity or contribution for any liability the defendant may have to the plaintiff. This typically happens early in the case, before trial, and the third party becomes a new defendant in the same lawsuit.

Why it matters in your case

For a person facing a lawsuit, impleader matters because it allows the defendant to potentially shift some or all of the financial responsibility to another person or company in the same case, rather than having to sue them separately later. It also helps avoid inconsistent verdicts and saves time and money by resolving all related claims in one proceeding.

The common misunderstanding

A common misunderstanding is that impleader is the same as adding a co-defendant or filing a counterclaim against the plaintiff. In fact, impleader specifically brings in a new party who was not originally sued, based on a separate legal duty to the defendant, not to the plaintiff.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.