Motion for Leave to File Third Party Complaint
Understanding this form
The Motion for Leave to File Third Party Complaint is a legal document that a defendant files to request permission from the court to bring another party into an existing lawsuit. This is typically done when the defendant believes that the third party may be liable for part or all of the claims brought against them. This form is distinct from standard complaints as it incorporates a request for leave to initiate a complaint against an additional party in an ongoing legal matter.
Main sections of this form
- Petitioner/Plaintiff information: Details regarding the parties involved in the lawsuit.
- Defendant/Respondent information: Identifying details of the original defendants.
- Third-party defendant identification: Specification of the additional party being brought into the case.
- Factual background: A summary of the reasons for the motion and the basis for the third-party claim.
- Legal basis: References to applicable rules (e.g., FRCP Rule 14(a)).
- Conclusion and prayer for relief: A request for the court to grant the motion and allow the filing of the third-party complaint.
Jurisdiction-specific notes
This is a general template intended for use in various states. Laws and formatting rules differ, so confirm the document meets your state’s requirements before using it.
When to use this document
This form is useful in situations where a defendant believes that another party may share liability for the issues raised in the original complaint. It is typically used when that party (the third-party defendant) has not been involved in the initial lawsuit but is necessary for a complete resolution of the case. Common scenarios include insurance disputes, contractual disagreements, or cases involving joint responsibility.
Intended users of this form
- Defendants in an ongoing lawsuit looking to involve another party.
- Attorneys representing clients in claims where third-party liability may exist.
- Individuals seeking to assert claims against a third party in the context of an existing legal dispute.
Completing this form step by step
- Identify the parties involved: Fill in the names and addresses of the original plaintiff, defendants, and the proposed third-party defendant.
- Provide background information: Describe the context of the lawsuit, outlining the facts that justify the inclusion of the third party.
- Reference applicable rules: Cite the legal basis for the motion, typically the relevant FRCP rule.
- Specify any requests for relief: Clearly state what you are asking the court to allow, including the attachment of the third-party complaint.
- Ensure all required signatures: Have all parties involved sign the motion where appropriate before submission.
Does this document require notarization?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Mistakes to watch out for
- Failing to adequately support the factual background with appropriate evidence.
- Not including all necessary parties in the motion.
- Ignoring state-specific filing requirements or local court rules.
- Submitting the motion without proper signatures from all involved parties.
Why complete this form online
- Convenient access to legally vetted templates that ensure compliance with state laws.
- Editability allows you to customize the form to suit your specific case.
- Immediate download provides quick access when you need to file urgent motions.
Legal use & context
- The motion must be based on credible claims that the third party is liable.
- Proper filing procedures must be followed to ensure the motion is accepted by the court.
- Ensure compliance with relevant procedural rules to avoid dismissal of the motion.
Quick recap
- The Motion for Leave to File Third Party Complaint allows defendants to bring additional parties into lawsuits when they may share liability.
- Filling out the form accurately and comprehensively is crucial for success.
- Stay informed about the local rules and procedures to ensure compliance during the filing process.
Form popularity
FAQ
2 attorney answersThird party claim requires you to add a party. Cross claim is against another defendant already in the case.
The third party is another individual. Therefore, a third-party insurance claim is made by someone who is not the policyholder or the insurance company.A third-party claim is commonly referred to as a liability claim because someone else is liable for the injuries suffered by the third party.
You may issue a third party notice if you claim the third party needs to be involved in the proceedings that the plaintiff issued against you, or that the third party owes you something that is connected with the proceedings. For more details, see Rule 4.4 of the District Court Rules 2014.
Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant.Common bases of contingent or derivative liability by which third parties may be impleaded include indemnity, subrogation, contribution, and warranty.
