IA · rules
Iowa R. Civ. P. 1.246
Third-party practice
1.246(1) When defendant may bring in third party. At any time after commencement of the
action a defending party, as a third-party plaintiff, may file a cross-petition and cause an original
notice to be served upon a person not a party to the action who is or may be liable for all or part of
the plaintiff’s claim. The third-party plaintiff need not obtain leave to file the cross-petition if it is
filed not later than ten days after the filing of the original answer. Otherwise leave may be obtained
by motion upon notice to all parties to the action.
The third-party defendant shall assert defenses to the third-party plaintiff’s claim as provided
in rule 1.441 and counterclaims against the third-party plaintiff as provided in rule 1.241 and
cross-claims against other third-party defendants as provided in rule 1.245.
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, and the plaintiff shall assert defenses as provided in rule 1.441 and
counterclaims under rule 1.241.
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 defenses as provided in rule 1.441, counterclaims as
provided in rule 1.241, and cross-claims as provided in rule 1.245. Any party may move to strike
the third-party claim or for its severance or for 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 for all or part of
the claim made in the action against the third-party defendant.
1.246(2) When plaintiff may bring in third party. When a counterclaim is asserted against a
plaintiff, that plaintiff may cause a third party to be brought in under circumstances which under this
rule would entitle a defendant to do so.
History
[Report 1943; amendment 1973; amended by 65GA, ch 315, §1; May 27, 1987, effective August 3, 1987; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
b9321bd2534ab7499bea68f00de4bf6ba47953736c26b97827b59621734fa204
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