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United States · Federal civil procedure

When may a defending party file a third-party complaint without leave?

A defending party must obtain court leave by motion if it files a third-party complaint more than fourteen days after serving its original answer. This calculator identifies the ordinary fourteen-day filing boundary. It does not establish a proper derivative claim or eliminate later service requirements. A later filing requires leave rather than automatically extinguishing the claim.

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Period
Fourteen days after serving the original answer for the ordinary filing-without-leave boundary
Trigger
The third-party plaintiff’s own service of its original answer
Rule
FRCP 14(a)(1)
Federal Rules of Civil Procedure

December 1, 2025 compilation

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Which event starts this procedure?

Preserve proof of the actual service of your original answer.

The event is your service of that answer, not its filing or the opponent’s receipt of another pleading.

Establish whether the nonparty may be liable to you for all or part of the claim against you. Filing without leave does not decide that substantive requirement.

FRCP 14(a)(1)

How is the ordinary period counted?

  1. Identify the actual actor, pleading and required act.
  2. Establish the specified event and applicable order.
  3. Exclude the verified event day and count the scoped calendar-day period.
  4. Check final-day conditions and preserve service and filing evidence separately.

Exclude the independently established event day and count the scoped period under Rule 6(a). This event does not itself invoke Rule 6(d). Check the actual procedure and any different applicable order or granted extension.

Rule 6(a) excludes the operative event and counts intermediate calendar days. A final Saturday, Sunday or legal holiday moves forward. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility matters separately for filing.

FRCP 6(a)(1)

What does an independently checked example show?

Fictitious example

Fictitious dates. The original answer was actually served on July 6. The defending party uses the ordinary filing-without-leave branch.

Example counting steps
StepWhat is countedDate
EventThe third-party plaintiff’s own service of its original answerJuly 6, 2026
CountFourteen days after serving the original answer for the ordinary filing-without-leave boundaryJuly 20, 2026
Example resultMonday, July 20, 2026

Fictitious dates. The applicable event is established independently. No different statute, court-set time, granted extension, additional declared holiday or clerk inaccessibility is assumed.

Try these dates in the calculator

Which conditions change the assessment?

Derivative third-party claim
Rule 14(a)(1) concerns a nonparty who is or may be liable to the defending party for all or part of the claim against it.
Later leave requirement
Filing more than fourteen days after original-answer service requires a motion and actual court leave. Expiry is not a universal bar on third-party practice.
Serving process separately
The summons and third-party complaint must separately be served as the applicable rules require. This filing boundary does not complete service.
FRCP 14(a)(1)
  • This page does not establish effective service, merits, compliance or an actual court grant.
  • Service and filing are different acts. Verify both when required.

What should I verify before acting?

Common questions

This procedure and its conditions

Does filing my original answer start this period?

The stated event is serving your original answer. Preserve the actual service evidence.

FRCP 14(a)(1)

Is a third-party complaint barred after fourteen days?

No. Rule 14(a)(1) requires obtaining leave by motion for a later filing.

FRCP 14(a)(1)

Is any unrelated claim enough?

The nonparty must be or potentially be liable to the defending party for all or part of the claim against it. This calculator does not decide that condition.

FRCP 14(a)(1)

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
FRCP 14(a)(1)This actor, required act, operative event and period
FRCP 14(a)(2)Separate third-party defendant responses
FRCP 5(d)Filing distinguished from service
FRCP 6(a)(1)Event exclusion and intermediate calendar days
FRCP 6(a)(3)–(6) and (b)(1)Actual final-day conditions, filing boundaries and applicable extension limits
Read the official Civil Rules compilation

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