When an additional defendant is impleaded, is it necessary that summons be served upon him?

When an additional defendant is impleaded, is it necessary that summons be served upon him?

• A. NO.
• B. YES.
• C. It depends on the case.
• D. Only if the defendant is personally present.

Answer: (B)

When a defendant brings in another party as an additional defendant (a third-party defendant), the court must give that person proper notice to participate in the case. Serv­ing summons on the added party is necessary because it preserves due process—he has the right to know the action, to defend, and to present defenses or cross-claims. The summons to the third-party defendant is issued and served just like the original defendants, so the court can acquire jurisdiction over him and any judgment will be binding only after he has had his day in court. If the added party isn’t served, the proceedings cannot properly bind him, and due process would be violated.

When a defendant brings in another party as an additional defendant (a third-party defendant), the court must give that person proper notice to participate in the case. Serv­ing summons on the added party is necessary because it preserves due process—he has the right to know the action, to defend, and to present defenses or cross-claims. The summons to the third-party defendant is issued and served just like the original defendants, so the court can acquire jurisdiction over him and any judgment will be binding only after he has had his day in court. If the added party isn’t served, the proceedings cannot properly bind him, and due process would be violated.