Kentucky Third Party Complaint

State:
Kentucky
Control #:
KY-SKU-0539
Format:
PDF
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Description

Third Party Complaint

A Kentucky Third Party Complaint is a legal process where a person or entity (the “third party”) can file a complaint against a party involved in a court case that does not directly involve the third party. This type of complaint is typically filed when a third party believes they have a legal interest in the case, or that they have been wronged by one of the parties involved. There are two main types of Kentucky Third Party Complaint: 1. Intervention Complaint: This type of complaint is used when the third party wishes to intervene in the case to pursue their own legal interest. 2. Contribution Complaint: This type of complaint is used when the third party believes they are entitled to contribution from one of the parties involved in the case for damage or loss they have suffered.

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FAQ

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.

A defendant may move for leave as a third-party plaintiff to assert a claim against a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him.

Rule 33.01 - Availability; procedures for use (1) Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such

party complaint is a claim asserted by a defendant ("Thirdparty Plaintiff") against a nonparty (now a thirdparty defendant) who is or may be liable to the defendant for all or part of the claim it.

All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants

(3) Service shall be made upon an unmarried infant or a person of unsound mind by serving his resident guardian or committee if there is one known to the plaintiff or, if none, by serving either his father or mother within this state or, if none, by serving the person within this state having control of such individual

¶ 46.) In Kentucky, a court should grant a motion to dismiss under CR 12.02 for failure to state a claim only if it appears that the pleading party could not prove any set of facts in support of his claim that would entitle him to relief.

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Kentucky Third Party Complaint