Texas Third Party Summons in a Civil Case
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FAQ
(a) A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as a responsible third party. The motion must be filed on or before the 60th day before the trial date unless the court finds good cause to allow the motion to be filed at a later date.
For example, assume Phyllis is involved in a car accident with Dan. Phyllis sues Dan, claiming that he negligently ran a red light and crashed into her. Dan, however, claims that Tom was driving the car. Dan, as a third-party plaintiff, can add Tom as a third-party defendant.
At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a citation and petition to be served upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him.
When an executor or administrator shall be a party to any suit, whether as plaintiff or as defendant, and shall die or cease to be such executor or administrator, the suit may be continued by or against the person succeeding him in the administration, or by or against the heirs, upon like proceedings being had as
?Responsible third party? is any person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought. The motion must be filed 60 days before the trial date (with a good cause exception).
97 (f), a third-party claim is brought against someone who the defendant feels is somehow responsible but who is not originally part of the plaintiff's claim. An indemnity claim against an outside person or company is a good example of a third-party claim.
A third party complaint is a complaint filed by a defendant against a third (new) party. A counter claim is a claim by the defendant against the plaintiff. These are typically filed as part of the Answer to the original complaint.
P. 92. A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.
