Nebraska Statutes 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:
Terms Used In Nebraska Statutes 25-331
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
(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