Effective - 28 Aug 1943
507.080. Third-party notice — when defendant may bring in third party — notice to plaintiff — third party to file petition, when. — 1. Before filing his answer, a defendant may move ex parte or, after the filing of his answer, on notice to the plaintiff, for leave as a third-party plaintiff to file a petition and serve a summons 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. If the motion is granted and the petition is filed and summons served, the person so served, herein called the third-party defendant, shall make his defenses, counterclaims and cross-claims against the plaintiff, or any other party as provided in this (civil) code. The third-party defendant may assert any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant is bound by the adjudication of the third-party plaintiff's liability to the plaintiff, as well as of his own to the plaintiff or to the third-party plaintiff. The plaintiff may amend his pleadings to assert against the third-party defendant any claim which the plaintiff might have asserted against the third-party defendant had he been joined originally as a defendant. A third-party defendant may proceed under this section against any person not a party to the action who is or 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.
2. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so.
--------
(L. 1943 p. 353 § 20)
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Section 507.010 - Prosecution in name of real party in interest.
Section 507.020 - Action on claim under foreign law.
Section 507.030 - Persons having a joint interest shall be made plaintiffs — defendants, when.
Section 507.040 - Permissive joinder of parties — separate trials.
Section 507.050 - Misjoinder of parties.
Section 507.090 - Intervention — when as of right and when permissive — procedure.
Section 507.100 - Substitution of parties upon death, mental incapacity or transfer of interest.
Section 507.110 - Suits by infants, how prosecuted.
Section 507.115 - Infant defined for civil suit purposes.
Section 507.120 - Appointment of next friend, by whom.
Section 507.130 - How appointed.
Section 507.140 - Appointment when minor is under fourteen years old.
Section 507.150 - Bond of person acting for infant, when — effect of failure to give.
Section 507.160 - Bond filed, where.
Section 507.170 - Petition and appointment filed before further proceedings.
Section 507.180 - Guardian, conservator and next friend liable for costs.
Section 507.182 - Next friend, conservator, or guardian may employ attorney and incur expenses.
Section 507.188 - Disposition of proceeds of claim — discharge of next friend or guardian ad litem.
Section 507.190 - Suits against infants not to proceed without guardian ad litem.
Section 507.200 - Appointment of guardian ad litem.
Section 507.210 - Appointment of guardian ad litem, when.
Section 507.220 - Guardian ad litem, liable only for costs in case of misconduct.