Construction of rules 13, 14 and 15, Federal Rules of Civil Procedure, is, therefore, useful in resolving the present problem. Eberle v. Sutor, 3 Wn. App. 387, 475 P.2d 564 (1970). If the trial court has power to proceed, as it did, to realign issues and parties, that power is found in CR 15(b).[1]
It is not enough that the third-party defendant may be liable to the plaintiff. Eberle v. Sutor, 3 Wn. App. 387, 390, 475 P.2d 564 (1970). A defendant-third-party plaintiff may bring in a third party defendant only if the prospective third-party defendant is or may be liable to the third-party plaintiff according to substantive law.
This subsection follows Fed. R. Civ. P. 60(b), see CR 60(b), comment by the court; where a federal court rule has been adopted as the state rule, the construction of the former should be applied to the latter. Harding v. Will, 81 Wn.2d 132, 500 P.2d 91 (1972); In re Green, 14 Wn. App. 939, 546 P.2d 1230 (1976); Eberle v. Sutor, 3 Wn. App. 387, 475 P.2d 564 (1970). [3] Federal cases considering the application of subsection (11) have held that there must be "extraordinary circumstances" not covered by any other section of the rule.
She relies principally upon Schlagenhauf v. Holder, 379 U.S. 104, 13 L.Ed.2d 152, 85 S.Ct. 234 (1964), in which the substantially similar Federal Rule of Civil Procedure 35 (a) is construed. [1] When a federal court rule has been adopted as the state rule, the construction of the federal rule is pertinent. Eberle v. Sutor, 3 Wn. App. 387, 475 P.2d 564 (1970). Thus, the language of the United States Supreme Court is of particular interest concerning the "in controversy" and "good cause" requirements.