Last amended April 1, 1984 · Last verified June 28, 2026
In one sentenceRule 38 lets a defendant implead a non-party who may be liable for all or part of the plaintiff's claim, without leave of court if the third-party petition is filed within thirty days after the original answer.
(a)When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a citation and petition to be served upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him. The third-party plaintiff need not obtain leave to make the service if he files the third-party petition not later than thirty (30) days after he serves his original answer. Otherwise, he must obtain leave on motion upon notice to all parties to the action. The person served, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff's claim under the rules applicable to the defendant, and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 97. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert his defenses and his counterclaims and cross-claims. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or who may be liable to him or to the third-party plaintiff for all or part of the claim made in the action against the third-party defendant.
(b)When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so.
(c)This rule shall not be applied, in tort cases, so as to permit the joinder of a liability or indemnity insurance company, unless such company is by statute or contract liable to the person injured or damaged.
(d)This rule shall not be applied so as to violate any venue statute, as venue would exist absent this rule.
End
Plain-English Summary
Rule 38 is the impleader rule — how a defendant brings in someone who should answer for the claim. A defending party, acting as a third-party plaintiff, may have a citation and petition served on a non-party who is or may be liable to the defendant or to the plaintiff for all or part of the plaintiff's claim. This is the route for indemnity and contribution claims.
Timing controls whether you need the court's permission. If the defendant files the third-party petition within thirty days after serving the original answer, no leave is needed; after that, the defendant must move for leave on notice to all parties. Once in, the third-party defendant raises defenses and may assert claims back, and any party may move to strike, sever, or separately try the third-party claim.
Two limits round out the rule. In tort cases, it cannot be used to join a liability or indemnity insurance company unless that insurer is liable to the injured person by statute or contract. And it cannot be used to override a venue statute.
Frequently Asked Questions
How does a defendant bring in a third party in Texas?
By serving a third-party petition on a non-party who may be liable for all or part of the plaintiff's claim. No leave of court is needed if it is filed within thirty days after the defendant's original answer; otherwise leave is required.
Can you implead an insurance company in a tort case?
Generally no. Rule 38 bars joining a liability or indemnity insurer in a tort case unless the insurer is liable to the injured person by statute or contract.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 38), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:third-party practiceimpleaderthird-party petitionindemnitycontributionTRCP 38