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OH · rules

Ohio Civ.R. 14

Third Party Practice

activein force · 1970-07-01 – presentact-effective-date

(A) When defendant may bring in third party

At any time after commencement of the action a defending party, as a 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 him for all or part of the plaintiff's claim against him. The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint

not later than fourteen days after he serves his original answer. Otherwise he must obtain

leave on motion upon notice to all parties to the action. The person served with the

summons and third-party complaint, hereinafter called the third-party defendant, shall

make his defenses to the third-party plaintiff's claim as provided in Rule 12 and his

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 his defenses as

provided in Rule 12 and his 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. If the

third-party defendant is an employee, agent, or servant of the third-party plaintiff, the court

shall order a separate trial upon the motion of any plaintiff. 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 him for all or part of the claim made in the action against the third-party defendant.

(B) When plaintiff may bring in third party

When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought

in under circumstances which under this rule would entitle a defendant to do so.

History

Effective Date: July 1, 1970

Provenance

Source
supremecourt.ohio.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
f3edf7d58809a5563067b657a4a6cd5b4cbf83c2bcc7b76d63af763d315358e4
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