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Rule 14. Third-Party Practice
(a)
Summoned Parties.
(1)
On motion of the United States, the court may summon any third person against whom the United States may be asserting a claim or contingent claim for the recovery of money paid by the United States in respect of the transaction or matter that constitutes the subject matter of the suit to appear as a party and defend the third party’s interest, if any, in such suit.
(2)
The motion for a summons shall be accompanied by an appropriate pleading setting forth the claim or contingent claim that the United States is asserting against such third person.
(3)
If the court grants the motion of the United States, the clerk shall issue an original and one copy of such summons for each person to be summoned. The summons shall contain the names of the parties and a statement of the time within which the party summoned is required to appear and answer. The summons shall also state that the United States is asserting a claim against such person, as described in the accompanying pleading of the United States. The summons shall indicate that it is accompanied by a copy or copies of all pleadings filed in said action, naming such pleadings which shall be attached by the United States. Upon issuance of the summons, the clerk shall deliver the summons to the Attorney General for personal service, and the return of such service shall be made directly to the clerk.
(b)
Notice to Interested Parties.
(1)
The court, on its own motion or on the motion of a party, may notify any person with legal capacity to sue and be sued and who is alleged to have an interest in the subject matter of any pending action. Such notice shall advise of the pendency of the action and of the opportunity to seek intervention and to assert an interest in the action.
(2)
A motion made by the plaintiff shall be filed at the time the complaint is filed. Copies and service of such motion shall be as provided in RCFC 4 and 5.3(d). A motion made by the United States shall be filed on or before the date on which the answer is required to be filed. For good cause shown, the court may allow any such motion to be filed at a later time.
(3)
The motion for notice shall state the name and address of such person and set forth the interest that such person appears to have in the action.
(4)
If the court, on its own motion or on the motion of a party, orders any third person to be notified, the clerk shall issue an original and one copy of the notice for each third person to be notified. The notice shall contain the names of the parties and a statement of the time within which such third person may appear. The notice shall indicate that it is accompanied by a copy of the pleadings, which shall be attached by the moving party.
(5)
Upon the issuance of such notice upon motion of a party, the notice shall be delivered by the clerk to the moving party, who shall, at the moving party’s expense, cause the same to be served on the person to be notified by registered or certified mail, return receipt requested, with the moving party to file with the clerk the return of such service, which return shall include the copy of the notice with return receipt attached.
(6)
When the court directs the issuance of a notice to a third person on its own motion, each of the existing parties shall, on request of the clerk, deliver to the clerk a sufficient number of copies of the pleadings filed by such party to provide the third party to be notified with a copy of each of such pleadings, and the clerk shall forthwith issue such notice as specified in subdivision (b)(4) and forward the same with accompanying copies of the pleadings to the Attorney General for service as provided in subdivision (b)(5).
(7)
When service of the notice required by subdivision (b)(4) is to be effected upon a third person in a foreign country, service of the notice may be made by the moving party or the court, as required by subdivisions (b)(5) and (6), and proof of such service may be made in the manner authorized by FRCP 4(f).
(c)
Pleadings of Third Parties. Within 42 days after service upon a third person of a summons or notice issued pursuant to this rule, such person may file an answer or a complaint setting forth the person’s interest, if any, in the subject matter of the action and the nature of the person’s claim against the United States, or both, which pleadings shall comply with the requirements of these rules with respect to the filing of original complaints and answers, except that only an original and 2 copies of a complaint are to be filed with proof of service.
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Notes
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Parallel authorities (CFR)
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