Hammond v. Thornton

GRIM, District Judge.

Under amended Rule 14 (a) of the Federal Rules of Civil Procedure (which goes into effect on July 1, 1963), third-party actions may be started without leave of court if they are started within ten days of the service of defendant’s answer on the plaintiff. However, if more than ten days have elapsed since service of the answer, leave of court must be obtained. This case involves a petition for such leave of court, the attempted third-party action having been started about thirteen months after service of the answer.

Defendant’s explanation for her delay is that she did not…