THIRD-PARTY PRACTICE A. WHEN DEFENDANT MAY BRING IN THIRD PARTY. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and petition to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him or who is liable to him on a claim arising out of the transaction or occurrence that is the subject matter of a claim that is asserted against him. The third-party plaintiff need not obtain leave to make the service if he files the third-party petition not later than ten (10) days after he serves his original answer. Otherwise, he must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party petition, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff's claim as provided in Section 12 of this act and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Section 13 of this act. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third- party defendant thereupon shall assert his defenses as provided in Section 12 of this act and his counterclaims and cross-claims as provided in Section 13 of this act. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this section against any
person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third-party defendant. B. WHEN PLAINTIFF MAY BRING IN THIRD PARTY. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which pursuant to this section would entitle a defendant to do so. Added by Laws 1984, c. 164, § 14, eff. Nov. 1, 1984.
Notes of Decisions
Oklahoma Gas & Elec. Co. v. Dist. Court, 784 P.2d 61 (Okla. 1989).
· cites it 3× “1963 § 323, the immediate predecessor to Oklahoma's new permissive joinder statute, 12 O.S.Supp.1984 § 2014). 13 . Chicago, Rock Island & Pacific R.”
Jordan v. Jordan, 2006 OK 88, 151 P.3d 117.
“At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and petition to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiffs claim against him or who is liable…”
Hodge v. Morris, 1997 OK CIV APP 53, 945 P.2d 1047.
· cites it 3× “Indeed, while we find no authorities construing 12 O.S. § 2014 governing third-party practice and the effect of a plaintiffs attempted amendment to assert a direct claim against a previously joined third-party defendant, we find decisions under the § 2014 counterpart in the…”
Oklahoma Dep't of Mines v. Dahlgren, 1999 OK 95, 995 P.2d 1103.
“12 O.S. § 2014(G) provides: "A pleading may state as a cross-claim any claim by one party against any party who is not an opposing party arising out of the transaction or occurrence that is the subject matter either of the original action or of a claim therein or relating to any…”
Osborn v. Stiger, 2021 OK CIV APP 42, 501 P.3d 472.
“4 Here, the Osborns did not even raise such an issue; rather, the court, on its own, in reviewing the pleadings after the trial had concluded, decided that the crossclaim and counterclaim were "inappropriate" and that it would be "more appropriate" for them to proceed as…”
Liberty Nat'l Bank & Trust Co. v. Garcia, 776 P.2d 1265 (Okla. 1989).
“The appellate court, citing their joinder statute (similar to 12 O.S.Supp.1985 § 2014) which says that defendant may by third-party complaint bring in as a defendant a person not a party to the action who is or may be liable to him for all or part of plaintiffs claim against…”
Dow Corning Corp. v. Owens, 842 P.2d 749 (Okla. 1992).
· cites it 3× “Pursuant to 12 O.S.1991 § 2014(A), leave to file a third-party petition more than ten (10) days after service of an original answer must be obtained by motion upon notice to all parties to the action.”
Cabinet Solutions, L.L.C. v. Kelley, 2012 OK CIV APP 63, 279 P.3d 800.
“See 12 O.S.2011 § 2014 (A defending party may cause summons to be served on "a person not a party to the action who is or may be liable to him for all or part of the plaintiffs claim against him.”
Okla. Stat. tit. 12, § 2014(A): 2 cases
Dow Corning Corp. v. Owens, 842 P.2d 749 (Okla. 1992).
“Pursuant to 12 O.S.1991 § 2014(A), leave to file a third-party petition more than ten (10) days after service of an original answer must be obtained by motion upon notice to all parties to the action.”
Okla. Stat. tit. 12, § 2014(G): 1 case
Oklahoma Dep't of Mines v. Dahlgren, 1999 OK 95, 995 P.2d 1103.
“12 O.S. § 2014(G) provides: "A pleading may state as a cross-claim any claim by one party against any party who is not an opposing party arising out of the transaction or occurrence that is the subject matter either of the original action or of a claim therein or relating to any…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.