(735 ILCS 5/2-406)
(from Ch. 110, par. 2-406)
Bringing in new parties - Third-party proceedings.
(a) If a complete determination of a controversy cannot be had
without the presence of other parties, the court may direct them to be
brought in. If a person, not a party, has an interest or title which the
judgment may affect, the court, on application, shall direct such person to be
made a party.
(b) Within the time for filing his or her answer or thereafter by leave of
court, a defendant may by third-party complaint bring in as a defendant
a person not a party to the action who is or may be liable to him or her for
all or part of the plaintiff's claim against him or her. Subsequent pleadings
shall be filed as in the case of a complaint and with like designation
and effect. The third-party defendant may assert any defenses which he or she
has to the third-party complaint or which the third-party plaintiff has
to the plaintiff's claim and shall have the same right to file a
counterclaim or third-party complaint as any other defendant. If the
plaintiff desires to assert against the third-party defendant any claim
which the plaintiff might have asserted against the third-party
defendant had he or she been joined originally as a defendant, the plaintiff shall do so
by an appropriate pleading. When a counterclaim is filed against a
party, the party may in like manner proceed against third parties. Nothing
herein applies to liability insurers.
(c) An action is commenced against a new party by the filing of an
appropriate pleading or the entry of an order naming him or her a party.
Service of process shall be had upon a new party in like manner as is
provided for service on a defendant.
(Source: P.A. 82-280.)