Superior Court Rules Table of Contents
27. Whenever a third party is, or may be, liable to a
defendant in any pending action for all or part of the plaintiff's claim against
said defendant or if said defendant may have a claim against a third party,
depending upon the determination of an issue or issues in said pending action,
said defendant may bring an action against said third party and, unless
otherwise ordered on motion of any party, such action will be consolidated for
trial 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 will be consolidated with or said third party joined in
said pending action, unless suit is brought against said third party within
sixty 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 plaintiff 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 plaintiff the sixty days will 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.
This rule does not apply to a defendant who contends that a
third party is solely liable to the plaintiff or by a defendant in a tort action
as to a possible joint tortfeasor against whom said defendant has no right to
contribution or reimbursement.