Mont. R. Civ. P. 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 14 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.