Civil Procedure Multistate Bar Practice Exam

If a defending party wishes to bring in a new party, what is this process known as?

1. Intervention

2. Impleader

3. Crossclaiming

4. Third-party action

The correct answer is: Impleader

The process of bringing in a new party to a case by a defending party is known as impleader. This mechanism allows the defending party, typically referred to as the third-party plaintiff, to assert a claim against a third party who is not currently involved in the litigation. The purpose of impleader is often to shift liability or share in the responsibility for the plaintiff's claim. In a typical scenario, the defending party may believe that the third party bears some responsibility for the claims being made against them. By utilizing impleader, the court can address all related claims together, fostering judicial efficiency and potentially avoiding inconsistent outcomes from separate proceedings. Intervention, while a mechanism for adding new parties, is utilized by parties who wish to join ongoing litigation to protect their interests. Crossclaiming refers to claims made by a party against a co-party and does not involve bringing in new parties unrelated to the original action. Similarly, while a third-party action can refer to any claim made against someone who is not already a party to the case, it is not the specific procedural term; impleader is the precise term used when talking about this process in the context of the defending party bringing in a new party. Thus, impleader is the correct term for this process