Probate Court Rules Table of Contents
Whenever a third Party is, or may be, liable to a Respondent
in any pending action for all or part of the Petitioner's claim against said
Respondent or if said Respondent may have a claim against a third Party,
depending upon the determination of an issue or issues in the pending action,
the Respondent may bring an action against the third Party and, unless otherwise
ordered on Motion of any Party, such action shall be consolidated for hearing
with the pending action or, if justice requires, on such Motion said third Party
may be made a Party to the pending action, for the purpose of being bound by the
determination of any common issues; provided, however, that, except for good
cause shown to prevent injustice and upon such terms as the Court may order, no
such action shall be consolidated with or said third Party joined in said
pending action, unless suit is brought against said third Party within sixty
(60) days following the Return Day of said pending action.
A third Party against whom an action is brought in accordance
with this Rule and a Petitioner against whom a counterclaim has been filed may,
under the same circumstances prescribed by this Rule, use the same procedure
with respect to another Person and the same time limitation shall apply, except
that as to a Petitioner the sixty (60) days shall begin to run on the date the
counterclaim is filed.
All existing rules and practices shall apply to actions
commenced under this Rule.
This Rule shall not be construed to limit or abridge in any
way the existing common law practice of joining Parties in pending actions
whenever justice and convenience require, or the giving of notice to third
Parties to come in and defend any pending action or be bound by the outcome
thereof.