Small Claims Standards: 5:04 Third-party impleader

The Administrative Office of the Trial Court issues these Standards to assist judges, clerk-magistrates and other personnel of the District Court, Boston Municipal Court, and Housing Court Departments in implementing recently amended Trial Court Rule III, Uniform Small Claims Rules (effective January 1, 2002).

The defendant may join as third-party defendants others who are asserted to be liable for all or part of the plaintiff's claim.

Commentary

If a defendant informs the court that someone else is responsible for all or part of the claim against him or her, the court may inform the defendant that he or she may implead the other person as a third-party defendant.

The filing and notice procedure for impleading a party is the same as that required for initiating a claim. The defendant should not be charged a new filing fee or surcharge.

If the court becomes aware at trial that impleader is proper, the court may so inform the parties. The court may then decide the merits of the claim before it and suggest that the defendant bring another small claim to resolve any third-party liability that is asserted to exist. Alternatively, the court could continue the case to allow for service upon the impleaded party.