WYOMING COURT RULES

48 assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g). (4) Motion to Strike, Sever, or Try Separately. — Any party may move to strike the third-party claim, to sever it, or to try it separately. (5) Third-Party Defendant’s Claim Against a Nonparty. — A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it. (b) When a Plaintiff may Bring in a Third Party. — When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so. History: Added February 2, 2017, effective March 1, 2017. Source. — This rule is similar to Rule 14 of the Federal Rules of Civil Procedure. Purpose of this rule is to accomplish in one proceeding the adjudication of the rights of all persons concerned in the controversy, to pre- vent the necessity of trying several related claims in different lawsuits, to avoid circuity of action and to reach consistent results. State Highway Comm’n v. Bourne, 425 P.2d 59, 1967 Wyo. LEXIS 146 (Wyo. 1967). This rule should be liberally construed to effectuate its intended purposes. State High- way Comm’n v. Bourne, 425 P.2d 59, 1967 Wyo. LEXIS 146 (Wyo. 1967). Showing required. — A third-party plain- tiff must make some showing that entitles him to recover over against the third-party defen- dants, although it is not required that he do so to an absolute certainty. State Highway Comm’n v. Bourne, 425 P.2d 59, 1967 Wyo. LEXIS 146 (Wyo. 1967). Motion to dismiss third-party com- plaint. — For purposes of a motion to dismiss a third-party complaint, the well-pleaded facts in the third-party complaints must be taken as true. State Highway Comm’n v. Bourne, 425 P.2d 59, 1967 Wyo. LEXIS 146 (Wyo. 1967). The trial court is vested with a broad discre- tion in passing upon a motion to dismiss third- party complaint. State Highway Comm’n v. Bourne, 425 P.2d 59, 1967 Wyo. LEXIS 146 (Wyo. 1967). Law reviews. — For article, “Pleading Un- der the Federal Rules,” see 12 Wyo. L.J. 177 (1958). For article, “The Law of Indemnity in Wyo- ming: Unraveling the Confusion,” see XXXI Land & Water L. Rev. 811 (1996).