After the Palau trial court denied the Republic’s efforts to quash the lawsuit filed by Alan Seid for damages as a result of the President’s declaration of a state of emergency, stuff on August 7, approved 2012, sale the President went public with his potential forthcoming legal strategy. The President has announced that he is considering bringing the OEK in the suit as a third party defendant. If there is liability, then by impleading the OEK as a third party, the President may be able to share liability with Palau’s Congress.The President said his actions were “in reliance” on the OEK’s ratification and “since the OEK agreed with my declaration … [they] should be included in this lawsuit.” By this the President suggests that the OEK may be ultimately liable, in whole or in part, for the any damages that are sought by Seid in the underlying action. However, under Palau Rule of Court 14 (set forth below), the President is not free to bring the OEK in as a third party, as a matter of right, as the time period to file without requesting permission from the Court has long passed. If the President decides to bring the OEK into the action as a third-party defendant the President must now motion the Court for this privilege.Palau Rules of Court
RULE 14. THIRD-PARTY PRACTICE(a) When Defendant May Bring in Third Party. At any time after commencement of the action, a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to defendant/third- party plaintiff for all or part of the plaintiff’s claims against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than ten (10) days after serving the original answer. Otherwise, the third-party plaintiff must obtain leave of the court on motion and upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make any defenses to the third-party plaintiff’s claims as provided by Rule 12, and any counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided by Rule 13. A third-party defendant may also assert any claims against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third- party plaintiff. A plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff, and the third-party defendant thereupon shall assert party defenses as provided by Rule 12 and any counterclaims and cross-claims as provided by Rule 13. Any party may move to strike the third-party claim, or for its severance or separate trial. A third- party defendant may proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant. The third-party complaint, if within the court’s admiralty or maritime jurisdiction, may be in rem against a vessel, cargo, or other property subject to admiralty or maritime process in rem, in which case references in this rule to the summons include the warrant of arrest, and references to the third-party plaintiff or defendant include, where appropriate, the claimant of the property arrested.(b) When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third-party to be brought in under circumstances which under this rule would entitle a defendant to do so.
