Practice question
A defendant seeks indemnity from an insurer not yet a party, in respect of the plaintiff’s claim against him. Under Rule 6, what is the proper pleading mechanism, assuming the substantive basis exists?
- An automatic reply filed without leave
- A third-party complaint filed with leave of court
- A cross-claim even though the insurer is not a co-party
- A notice that makes the insurer liable without pleading
- An appeal before any judgment
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 6, sections 2–3, 5, 7–8 and 10–11, pleadings, defenses, counterclaims, replies and third-party claims.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 6 unchanged sections 1, 4, 6 and 9, read with the 2019 amendments rather than superseded reply text.
Answer this question in flashcards to review your response and continue practicing.