Third-Party Practice

(a) When the United States May Bring in a Third Party. [Abrogated (eff. Aug. 30, 2013.] (b) Notice to an Interested Party. (1) In General. The court, on motion or on its own, may notify any person with the legal capacity to sue or to be sued who is alleged to have an interest in the subject matter of the suit. (2) Motion for Notice. (A) Contents. A motion for notice must: (i) contain the name and address of the person to be notified; and (ii) state the person’s interest in the pending action. (B) Timing. (i) A plaintiff must file any motion the time the for notice at complaint is filed. RCFC 14 24 (ii) The United States must file any motion for notice on or before the date the answer is required to be filed. (iii) For good cause shown, the court may allow a motion for notice to be filed at a later time. (3) Issuing a Notice; Contents. (A) When the court, on motion or on its own, orders a nonparty to be notified, the clerk must issue an original and one copy of the notice. (B) The notice must: (i) contain the name of the person notified; (ii) identify the time within which an the person may appropriate pleading pursuant to RCFC 14(c)(1)(A); and file (iii) state that notice is the accompanied by copies of all pleadings that have been filed in the suit. (4) Serving a Notice Issued on Motion of a Party. When notice is ordered by the court on motion of a party: (A) the clerk must deliver the notice to the moving party for service, at the moving party’s expense, on the person to be notified; (B) the moving party must serve the notice, together with copies of all pleadings that have been filed in the suit, by registered or certified mail, return receipt requested; and (C) the return of such service must be the clerk and made directly to include a copy of the notice with return receipt attached. (5) Serving a Notice Issued on the Court’s Own Initiative. When notice is ordered by the court on its own initiative: (A) each party must, at the clerk’s request, deliver to the clerk copies of the party’s pleadings; and (B) the clerk, upon receipt of the pleadings, must: (i) issue a notice as specified in RCFC 14(b)(3); and (ii) forward the the notice Attorney General for service in to RCFC with accordance 14(b)(4)(B) and (C). (6) Serving a Person Outside the United States. When serving a notice on a person in a foreign country, proof of service must be made in accordance with FRCP 4(f). (c) Third Parties Pleadings. (1) In General. this (A) A person served with a notice issued under file an appropriate pleading setting forth the person’s interest in the subject matter of the litigation. rule may (B) A third party’s pleading must comply with the requirements of RCFC 5, 5.2, 5.3, 5.5, 7, 7.1, and 7.2. (2) Time. A third-party’s pleading must be filed within 42 days after service of the notice issued pursuant to this rule. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Jan. 11, 2010, Aug. 30, 2013.) Rules Committee Notes 2002 Revision RCFC 14 has been substantially revised. The order of the rule has been changed to distinguish more clearly between the two types of actions it permits with respect to entities that are not yet parties to the suit. New subdivision (a) deals exclusively with summons to persons whom the United States seeks to join formally as third parties. The procedures for such summons are now gathered under that subdivision. The same has been done with respect to motions for notice to inform non-parties of the pendency of the action and the opportunity to join as parties. In addition, language in the old rule with respect to service of notice by publication, as well as the consequences of failing to appear in response to such notice, have been stricken. The law in this area is unsettled; hence, the possibility existed that the manner and method of notice prescribed by the rule might not be found constitutionally adequate in all potential situations. It is important to note that RCFC 14’s notice requirements do not apply to the procedures for notifying potential intervenors in procurement protest cases filed pursuant to 28 U.S.C. § 1491(b). RCFC 14 implements the authority set forth in 41 U.S.C. § 114. For service of third- party complaints, see RCFC 5. 2008 Amendment The language of RCFC 14 has been amended to conform to the general restyling of the FRCP. In addition, in RCFC 14(c)(1)(B), instead of directing that a third-party pleading “shall comply with the requirements of these rules with respect to the filing of original complaints and answers,” the rule specifies that a third-party pleading must comply with RCFC 5, 5.2, 5.3, 5.5, 7, and 7.1. 2010 Amendment The requirement formerly set forth in RCFC 14(b)(2)(A) that a motion for notice must “contain, as attachments, copies of all pleadings that have been filed in the suit” has been stricken in favor of requiring that such copies be provided by the moving party when serving the notice under RCFC 14(b)(4)(B). In addition, in the interest of internal consistency, the phrase in RCFC 14(b)(3)(B)(ii) “may seek intervention to assert an interest in the suit” has been changed to read “may file an appropriate pleading pursuant to RCFC 14(c)(1)(A).” 2013 Amendment RCFC 14 has been amended to delete what formerly appeared as subdivision (a) (“When the United States May Bring in a Third Party”). This deletion was made necessary by the repeal of former Section 114(b) of Title 41 (“Public Contracts”) of the United States Code that occurred as part of the revision and enactment into positive law of Title 41 by Public Law Number 111-350, 124 Stat. 3677, 3855, 3857 (2011). The deleted Section 114(b), originally enacted as part of the Contract Settlement Act of 1944, 58 Stat. 663 (1944), provided the jurisdictional basis for this court’s authority to summon a third party. In addition, subparagraph (c)(1)(B) has been amended by deleting as no longer necessary the phrase “except that a third party need only file an original and 2 copies of its complaint instead of the 7 copies required by RCFC 5.5(d).” 25 RCFC 14 cont.