A.Generally
Both a defendant and a plaintiff may serve a complaint against a third party (implead) who may be liable to the complainant for a claim asserted against the complainant. MCR 2.204(A) and (B). A court should be liberal in exercising its discretion to join third parties, weighing factors such as the probability of delay, complications of the trial, timeliness of the motion, similarity of the evidence, and possibility of prejudice. Caldwell v Fox, 394 Mich 401, 415 (1975).
B.Timing
Leave is not required to serve a third-party’s complaint if it is filed within 21 days after the third-party plaintiff’s original answer was filed. MCR 2.204(A)(1). After 21 days, leave on motion is required. Id.42
A trial court’s decision regarding whether to grant or deny a motion to file a third-party complaint is reviewed for an abuse of discretion. Morris v Allstate Ins Co, 230 Mich App 361, 368 (1998).