Who can file a third-party complaint?

• A. A defendant or plaintiff
• B. A judge
• C. A clerk
• D. A witness

Answer: (A)

A third-party complaint is the pleading used to implead a nonparty who may be liable to the filing party for all or part of the plaintiff’s claim. The person who files it must already be a party to the case, so either side that’s in the litigation—the plaintiff or the defendant—can initiate it if they believe another person or entity should share or bear responsibility. This is why the best answer includes both a defendant or a plaintiff. A judge, clerk, or witness doesn’t file pleadings against others in the case, so they aren’t candidates to file a third-party complaint.