§14.4 Comparison with Federal Rule

• Jurisdiction: Washington

§14.4COMPARISON WITH FEDERAL RULE

CR 14 and Fed. R. Civ. P. 14 are substantially the same. CR 14 adopts a provision (from Texas Rule of Civil Procedure 14) that liability or indemnity insurance companies cannot be joined unless they are contractually or statutorily liable to the person injured or damaged. The federal rule contains no such provision. Fed. R. Civ. P. 14 provides rules applicable to admiralty and maritime claims, but CR 14 does not have these provisions. In 2009, Fed. R. Civ. P. 14 was amended to extend the deadline for filing a third-party complaint without the court's leave from 10 days to 14 days after the original answer is served. CR 14 continues to require the 10-day limitation. There have been no amendments to CR 14 since the last update of the Washington Civil Procedure Deskbook (Wash. St. Bar Assoc. 2d. ed. 2002 & Supp. 2006) in 2006.

Although there are few differences between CR 14 and Fed. R. Civ. P. 14, unique jurisdictional issues and limitations may arise in federal third-party practice. For example, ancillary jurisdiction and pendent jurisdiction are codified as "supplemental jurisdiction" in the Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089 (Dec. 1, 1990), found at 28 U.S.C. §1367. This act allows courts to assert supplemental jurisdiction over impleader claims. 28 U.S.C. §1367(a). But a plaintiff's claims against those who are joined under Fed. R. Civ. P. 14 must also meet diversity requirements to establish jurisdiction in federal court. 28 U.S.C. §1367(b). In cases with multiple defendants and plaintiffs, jurisdictional requirements mandate complete diversity. The presence of only one plaintiff and one defendant from the same state defeats the district court's original diversity jurisdiction over the entire action. Exxon Mobil Corp. v.Allapattah Servs., Inc., 545 U.S. 546, 553, 125 S. Ct. 2611, 162 L. Ed. 2d 502 (2005) (citing Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 98 S. Ct. 2396, 57 L. Ed. 2d...