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FAQ

What is Third Party Defendant? A party who is sued by the original defendant and brought into the case on a theory of being responsible to the defendant for all or part of the claim made by the plaintiff.

Section 33.013 - Amount of Liability (a) Except as provided in Subsection (b), a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility with respect to the personal injury, property damage, death, or other harm ...

Subsection (a) of section 33.004 provides that a defendant who desires to designate ?a person? as a responsible third party must file a motion for leave on or before the sixtieth day before a trial date, unless the court finds good cause to allow the motion at a later date. Id. § 33.004(a) (emphasis added).

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.

?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).

(k) An unknown person designated as a responsible third party under Subsection (j) is denominated as ?Jane Doe? or ?John Doe? until the person's identity is known.