ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Commencing Legal Proceedings and Procedures Before Trial

What if there are other claims or parties that should be involved in the litigation?

If the defendant believes that others not named as defendants in the plaintiff's suit are responsible, in whole or in part, for the plaintiff's injury or loss, he or she may seek to bring those third parties into the case as additional defendants. This is known as an action to implead those parties. If a person who was not named in the original suit believes he or she should be involved in order to defend his or her interests, which are affected by the lawsuit, that person may seek to join the suit as either an additional plaintiff or defendant. Such a party is said to intervene in the lawsuit. Finally, in suits that already involve multiple plaintiffs or defendants, parties may file cross-claims, which are actions by one named party against another. For example, one defendant could file a cross-claim against another defendant. These kinds of pretrial procedures are intended to encourage plaintiffs and defendants to resolve all related disputes in a single case, rather than in piecemeal litigation.