Which claim is brought by a defendant against someone additional to those named in the original suit?

Which claim is brought by a defendant against someone additional to those named in the original suit?

• A. Notice pleading
• B. Caption
• C. Counterclaim
• D. Third-party claim

Answer: (D)

In civil procedure, a defendant who believes another person or entity is partly responsible for the plaintiff’s claim may bring that person into the case by filing a third-party claim. This moves a nonparty into the lawsuit because the defendant is seeking to shift some or all of the liability to someone else who wasn’t originally named in the suit. This differs from a counterclaim, where the defendant asserts a claim against the plaintiff within the same lawsuit, rather than bringing in a new party. Notice pleading and the caption concern how a claim is described and titled, not about adding new parties to the case.

In civil procedure, a defendant who believes another person or entity is partly responsible for the plaintiff’s claim may bring that person into the case by filing a third-party claim. This moves a nonparty into the lawsuit because the defendant is seeking to shift some or all of the liability to someone else who wasn’t originally named in the suit. This differs from a counterclaim, where the defendant asserts a claim against the plaintiff within the same lawsuit, rather than bringing in a new party. Notice pleading and the caption concern how a claim is described and titled, not about adding new parties to the case.