Del. Ch. Ct. R. 14

(a) When a Defending Party May Bring in a Third

Party.

(1) Timing of the Summons and Complaint. A

defending party may, as third-party plaintiff, serve a

summons and complaint on a nonparty who is or may

be liable to it for all or part of the claim against it. But

the third-party plaintiff must, by motion, obtain the

court’s leave if it files the third-party complaint more

than 10 days after serving its original answer.

(2) Third-Party Defendant’s Claims and Defenses. The

person served with the summons and third-party

complaint—the ‘‘third-party defendant’’:

(A) must assert any defense against the third-party plaintiff’s claim under Rule 12;

(B) must assert any counterclaim against the

third-party plaintiff under Rule 13(a), and may

assert any counterclaim against the third-party

plaintiff under Rule 13(b) or any crossclaim against

another third-party defendant under Rule 13(g);

(C) may assert against the plaintiff any defense

that the third-party plaintiff has to the plaintiff’s

claim; and

(D) may also assert against the plaintiff any claim

arising out of the transaction or occurrence that is

the subject matter of the plaintiff’s claim against the

third-party plaintiff.

(3) Plaintiff’s Claims Against a Third-Party

Defendant. The plaintiff may assert against the third-party defendant any claim arising out of the transaction

or occurrence that is the subject matter of the plaintiff’s

claim against the third-party plaintiff. The third-party

defendant must then assert any defense under Rule 12

and any counterclaim under Rule 13(a), and may assert

any counterclaim under Rule 13(b) or any crossclaim

under Rule 13(g).

(4) Motion to Strike, Sever, or Try Separately. Any

party may move to strike the third-party claim, to sever

it, or to try it separately.

(5) Third-Party Defendant’s Claim Against a

Nonparty. A third-party defendant may proceed under

this rule against a nonparty who is or may be liable to

the third-party defendant for all or part of any claim

against it.

(b) When a Plaintiff May Bring in a Third Party.

When a claim is asserted against a plaintiff, the plaintiff

may bring in a third party if this rule would allow a

defendant to do so.