Oklahoma § 12-2014

§ 12-2014.

Third-party practice.

THIRD-PARTY PRACTICE

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 petition 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 or who is liable to

him on a claim arising out of the transaction or occurrence that is

the subject matter of a claim that is asserted against him. The

third-party plaintiff need not obtain leave to make the service if

he files the third-party petition not later than ten (10) 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 petition, hereinafter called the

third-party defendant, shall make his defenses to the third-party

plaintiff's claim as provided in Section 12 of this act and his

counterclaims against the third-party plaintiff and cross-claims

against other third-party defendants as provided in Section 13 of

this act. 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 thirdparty defendant thereupon shall assert his defenses as provided in

Section 12 of this act and his counterclaims and cross-claims as

provided in Section 13 of this act. Any party may move to strike

the third-party claim, or for its severance or separate trial. A

third-party defendant may proceed under this section against any

Oklahoma Statutes - Title 12. Civil Procedure

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 pursuant to this

section would entitle a defendant to do so.

Added by Laws 1984, c. 164, § 14, eff. Nov. 1, 1984.