Civil Procedure Multistate Bar Practice Exam

When can the right to implead a third-party defendant be exercised?

1. Within 21 days of the complaint

2. Within 20 days of trial

3. Within 14 days of serving the answer

4. At any time during the case

The correct answer is: Within 14 days of serving the answer

The right to implead a third-party defendant is governed by Rule 14 of the Federal Rules of Civil Procedure, which allows a defendant to bring in a third-party who may be liable for all or part of the plaintiff's claim against them. A defendant may exercise this right within 14 days of serving their original answer. This time frame is designed to ensure that the process remains efficient and to avoid undue delay in the case. After this initial 14-day period, the defendant may still move to implead a third-party defendant with the court's permission, but that involves showing good cause for the delay. This makes the initial period significant, as the straightforward right to implead a third party exists only for those first 14 days following the service of the answer. The other options present time frames that do not align with the rules regarding impleading. For example, a period of 21 days from the complaint is not applicable here, nor is 20 days from trial, as those time frames pertain to different procedural mechanisms or timelines within litigation. The option that states "at any time during the case" is misleading because, although a defendant can seek permission to implead later, there is an initial right that is confined to a specific time