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Idaho Rules of Family Law Procedure Rule 210. Third party practice.

A. When respondent may bring in third party.  At any time after commencement of the action a respondent as a third-party petitioner may cause to be served a summons and petition upon a person not a party to the action who is or may be liable to such third-party petitioner for all or part of the petitioner's claim against the third-party petitioner. The third-party petitioner need not obtain leave to make the service if the third-party petitioner files the third-party petition not later than 10 days after serving the original response. Otherwise the third-party petitioner must obtain leave on motion upon notice to all parties to the action. The person so served, hereinafter called the third-party respondent, shall make any defenses to the third-party petitioner's claim as provided in Rule 205 and any counterclaims against the third-party petitioner and cross-claims against other third-party respondents as provided in Rule 209. The third-party respondent may assert against the petitioner any defenses which the third-party petitioner has to the petitioner's claim. The third-party respondent may also assert any claim against the petitioner arising out of the transaction or occurrence that is the subject matter of the petitioner's claim against the third-party petitioner. The petitioner may assert any claim against the third-party respondent arising out of the transaction or occurrence that is the subject matter of the petitioner's claim against the third-party petitioner, and the third-party respondent thereupon shall assert any defenses as provided in Rule 205 and any counterclaims and cross-claims as provided in Rule 209. Any party may move for severance, separate trial, or dismissal of the third-party claim; and the court may direct a final judgment upon either the original claim or the third-party claim alone in accordance with the provisions of Rule 804. A third-party respondent may proceed under this rule against any person not a party to the action who is or may be liable to the third party respondent for all or part of the claim made in the action against the third-party respondent. 

 

B. When petitioner may bring in third party.  When a counterclaim is asserted against a petitioner, he may cause a third party to be brought in under circumstances which under this rule would entitle a respondent to do so. 

 

(Adopted April 2, 2014, effective for early adopters July 1, 2014, effective statewide July 1, 2015.)

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