Which claim is brought by a defendant against someone not originally sued?

• A. Notice pleading
• B. Counterclaim
• C. Third-party claim
• D. Cross-claim

Answer: (C)

The idea being tested is how a defendant can bring in someone who wasn’t named in the original lawsuit to share or shift liability. This is done through a third-party claim (impleader), where the defendant files against a person not originally sued because that person may be liable to the defendant for all or part of what the plaintiff is suing about. For example, if the plaintiff sues a driver for injuries, the driver can implead a company whose defective part contributed to the accident, making that company a third-party defendant in the same case. A counterclaim is the defendant’s claim against the plaintiff in response to the plaintiff’s complaint, not against a new party. A cross-claim is a claim between defendants within the same lawsuit. Notice pleading concerns the sufficiency of the initial pleadings, not adding new parties.