Rule 14 - Third-party Practice(a) When defendant may bring in third-party. At any time after commencement of the action a defending party, as third party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to such third party plaintiff or to the plaintiff for all or part of the plaintiff's claim against the third party plaintiff. The third party plaintiff need not obtain leave to make the service if the third party plaintiff files the third-party complaint not later than 10 days after the third party plaintiff serves its original answer. Otherwise, the third party plaintiff must obtain leave on motion upon notice to all parties to the action. The person so served, hereinafter called the third-party defendant, shall make the third-party defendant's defenses to the third-party plaintiff's claim as provided in Rule 12 and the third-party defendant's counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert the third-party defendant's defenses as provided in Rule 12 and the third-party defendant's counterclaims and cross-claims as provided in Rule 13. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant. COMMENTS:
Adopts HRCP Rule 14(a) with changes to gender neutral language.
(b) When plaintiff may bring in third-party. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third-party to be brought in under circumstances which under this rule would entitle a defendant to do so. COMMENTS:
Adopts HRCP Rule 14(b) verbatim but changed to gender neutral language.
(c) Form of pleading. Third-party plaintiff shall conform its third-party complaint and other documents to Rule 3 of the Rules of District Court of the State of Hawai'i. Haw. Dis. Ct. R. Civ. P. 14
COMMENTS:
Subsection (c) was added to give a guideline for the forms of third-party complaints.