24.5.308    JOINING THIRD PARTIES

(1) The joinder of parties is governed where appropriate by the considerations set forth in M. R. Civ. P. 14, 19, 20, and 21.

(2) Unless otherwise permitted by order of the court, a motion to join a third party must be served within the time set forth in ARM 24.5.320. The motion must be filed and served on all parties and the proposed third party. Any party and the proposed third party shall have the time set forth in ARM 24.5.320 to serve objections to the motion. The court may, for good cause shown, grant joinder on such terms and conditions as are necessary to protect the interests of the existing parties, including the interest in a speedy remedy.

(3) If the joinder of a third party results in the trial being vacated and good cause is shown, the court may order the insurance company alleged to be at risk at the time of the accident to pay benefits pending the trial. Such insurer may seek indemnity from the responsible insurer if it is later determined that it is not liable.

(4) Within the time set forth in ARM 24.5.320, the joined party shall serve upon all parties, and file with the court, a response which complies with ARM 24.5.302.

History: 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.308, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15.