25-331. Third-party action; procedure.

(1)(a) A defending party may, as a third-party plaintiff, serve a summons and complaint on a nonparty:

(i) Who is or may be liable to the defending party for all or part of the claim against the defending party; or

(ii) Whose negligence was or may have been a proximate cause of the transaction or occurrence that is the subject matter of the plaintiff's claim and who is not precluded by section 25-21,185.11 from being made a party.

(b) The third-party plaintiff shall, by motion, obtain the court's leave if the third-party plaintiff files the third-party complaint more than fourteen days after serving its original answer.

(c) The person served with the summons and third-party complaint, hereinafter called the third-party defendant, has all the rights and obligations of a defendant, including those created by this section and by the rules promulgated by the Supreme Court pursuant to sections 25-801.01 and 25-1273.01.

(d) The third-party defendant may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

(e) The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

(f) A defending party may assert against the third-party defendant a claim that the third-party defendant is liable to the defending party for all or part of the claim against the defending party.

(g) A third-party defendant may bring in a nonparty if subdivision (1)(a) of this section would allow a defending party to do so.

(h) Any party may move to strike the third-party claim, to sever it, or try it separately.

(2) When a claim is asserted against a plaintiff, the plaintiff may bring in a nonparty if subdivision (1)(a) of this section would allow a defending party to do so.

Source:Laws 1967, c. 144, § 1, p. 441; Laws 2002, LB 876, § 11; Laws 2023, LB157, § 3.
Operative Date: September 2, 2023

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