libterm.com Impleader is a legal procedure allowing a defendant to bring a third party into a lawsuit, claiming that this party is liable for all or part of the plaintiff's claim. This process helps streamline related claims and distribute liability efficiently within a single case. Discover how impleader can impact your legal strategy by reading the rest of this article.
Table of Comparison
| Aspect | Impleader | Joinder |
|---|---|---|
| Definition | Procedure allowing a defendant to bring a third party into a lawsuit who may be liable for all or part of the plaintiff's claim. | Procedure joining two or more parties or claims in one lawsuit, either as plaintiffs or defendants, for efficiency and related issues. |
| Purpose | Shift liability to a third party who may share responsibility. | Combine multiple claims or parties to streamline proceedings. |
| Who Initiates | Defendant | Plaintiff or court |
| Type of Parties Joined | Third-party defendant, not originally in the case. | Multiple plaintiffs or defendants originally related or unrelated. |
| Legal Basis | Fed. R. Civ. P. 14 (U.S.) or similar rules in other jurisdictions. | Fed. R. Civ. P. 18 & 20 (U.S.) or corresponding local rules. |
| Example | A driver sued for negligence impleads the car manufacturer, alleging product defect. | Two plaintiffs with separate but related claims join in one suit against a defendant. |
Introduction to Impleader and Joinder
Impleader is a procedural device allowing a defendant to bring a third party into a lawsuit who may be liable for all or part of the plaintiff's claim, commonly used for indemnity or contribution purposes. Joinder involves combining multiple parties or claims in a single lawsuit, either permissively or as a matter of right, to promote judicial efficiency and avoid multiple trials. Understanding the distinctions between impleader and joinder is essential for effective case management and strategic litigation planning.
Defining Impleader in Civil Procedure
Impleader in civil procedure is a procedural device that allows a defendant to bring a third party into a lawsuit, alleging that this third party is liable for all or part of the plaintiff's claim against the defendant. This mechanism aims to resolve related claims efficiently by determining the liability of all involved parties in a single proceeding. Impleader differs from joinder, which typically involves the inclusion of multiple parties or claims at the plaintiff's initiation, rather than a defendant introducing a third-party defendant.
Understanding Joinder of Parties
Joinder of parties involves the inclusion of multiple parties in a single lawsuit either because their claims arise from the same transaction or occurrence or because their involvement is necessary for complete resolution of the dispute under Federal Rules of Civil Procedure Rule 20. Impleader, governed by Rule 14, specifically allows a defendant to bring a third party into the lawsuit who may be liable for all or part of the plaintiff's claim against the defendant. Understanding joinder of parties is critical to efficiently resolving cases by consolidating related claims and avoiding multiple lawsuits.
Legal Basis for Impleader and Joinder
Impleader is governed by Rule 14 of the Federal Rules of Civil Procedure, allowing a defendant to bring a third party into a lawsuit who may be liable for all or part of the plaintiff's claim. Joinder, under Rules 18 and 20, permits multiple parties or claims to be joined in the same action to promote judicial efficiency and avoid multiple lawsuits. The legal basis for impleader involves indemnity or contribution claims against third parties, while joinder concerns the permissive or compulsory inclusion of parties or claims related by common questions of law or fact.
Key Differences Between Impleader and Joinder
Impleader involves a defendant bringing a third party into a lawsuit, claiming that the third party is liable for all or part of the plaintiff's claim, whereas joinder refers to the joining of multiple parties or claims in a single lawsuit either because the parties or claims arise from the same transaction or occurrence. Impleader is typically used for third-party claims to shift liability, while joinder combines parties or claims to promote judicial efficiency and avoid multiple lawsuits. The rules governing impleader are distinct, often found under Federal Rule of Civil Procedure 14, in contrast to joinder rules under Federal Rules 18 and 20, highlighting procedural and strategic differences.
Procedural Requirements for Impleader
Impleader requires the defendant to file a third-party complaint within the time frame set by procedural rules, typically 14 days after serving the original answer, to bring a third party into the lawsuit who may be liable for all or part of the plaintiff's claim. The defendant must demonstrate a derivative liability connection, meaning the third party's liability is contingent upon the original defendant's liability. Proper service of process and adhering to jurisdictional requirements are essential to prevent dismissal of the impleader claim.
Procedural Steps for Joinder of Parties
The procedural steps for joinder of parties involve filing a motion or pleading to include additional parties under Rule 19 or Rule 20 of the Federal Rules of Civil Procedure, ensuring the new parties have a significant interest in the subject matter or claims. The court evaluates whether the joinder is proper based on whether the claims arise from the same transaction or occurrence and whether joinder promotes judicial efficiency without causing prejudice. Proper service of process must be made on the newly joined parties, who then acquire the right to respond and participate in the litigation.
Strategic Uses of Impleader vs Joinder
Impleader allows a defendant to bring a third party into a lawsuit to share liability, strategically shifting or dispersing responsibility and potentially reducing the original defendant's exposure to damages. Joinder enables multiple parties or claims to be included in one action, streamlining litigation and promoting judicial efficiency by resolving related issues simultaneously. Using impleader strategically can isolate financial risk, whereas joinder focuses on consolidating claims to avoid inconsistent judgments and reduce legal costs.
Common Challenges and Issues
Impleader and joinder often present common challenges including procedural complexity and timing issues, as impleader requires a defendant to bring a third party into the lawsuit, potentially complicating the case and prolonging resolution. Joinder issues frequently arise from disputes over whether claims or parties share sufficient legal or factual commonality, leading to challenges in consolidating cases or claims efficiently. Both motions can cause delays, increased costs, and strategic maneuvering, impacting the overall litigation process and judicial economy.
Conclusion: Choosing Between Impleader and Joinder
Choosing between impleader and joinder hinges on the specific procedural goals and the relationships among parties in a lawsuit. Impleader is optimal when a defendant seeks to bring a third party potentially liable for all or part of the plaintiff's claim, typically involving indemnity or contribution claims. Joinder is preferable for consolidating multiple parties or claims that share common questions of law or fact, streamlining litigation and promoting judicial efficiency.
Impleader Infographic
