Legal Contribution Motion

LEGAL CONTRIBUTION MOTION

IN THE FOR THE COUNTY, .

Case No.:     Plaintiff:

Defendant / Movant:     Adverse Party / Potential Contributing Party:

Movant, by and through counsel , respectfully moves the Court for an order requiring the contribution from Respondent for sums paid or to be paid by Movant in connection with the subject action.

RECITALS

WHEREAS, on or about , the events giving rise to this litigation occurred, as alleged in the operative pleadings;

WHEREAS, Movant has been required to satisfy or settle a portion of the liability asserted in this action by payment in the amount of $ , inclusive of incurred costs and fees where indicated;

WHEREAS, Respondent is alleged to have been jointly or comparatively liable with Movant for the same loss or for a portion thereof and therefore is subject to an equitable obligation to contribute to the sums paid by Movant.

NOW, THEREFORE, Movant petitions the Court for relief as set forth below.

1. RELIEF REQUESTED

Movant seeks a judicial determination that Respondent is liable to contribute to sums paid or to be paid by Movant, and an order directing Respondent to pay to Movant:

1. Contribution in the principal sum of $ , representing Respondent's proportionate share of the liability determined by the Court;
2. Pre- and post-judgment interest to the extent permitted by law;
3. Reasonable attorneys' fees and costs incurred in pursuing contribution, as allowed by statute or equitable principles; and
4. Such other relief as the Court deems just and proper.

2. STATEMENT OF FACTS

The relevant facts are set forth below and are incorporated herein in support of the motion:

3. LEGAL BASIS FOR CONTRIBUTION

Movant relies on the principles of equitable apportionment between joint tortfeasors and on any applicable statutory right to contribution. Under these doctrines, a party who has paid more than its fair share of a common obligation is entitled to recover contribution from other responsible parties in proportion to their comparative fault or as otherwise just and equitable.

Movant has satisfied its burden to show (a) a common liability or obligation shared with Respondent; (b) Movant's payment or obligation to pay; and (c) that equity and the allocation of responsibility among the parties warrant an order of contribution.

4. COMPUTATION OF AMOUNT SOUGHT

The amount claimed as contribution is computed as follows:

5. REQUEST FOR HEARING AND NOTICE

Movant requests that the Court set this Motion for hearing on a date convenient to the Court. Preferred hearing date, if any:

6. CERTIFICATE OF SERVICE

I certify that on , a true and correct copy of this Motion was served as follows:

Method of service: U.S. Mail Electronic Mail Personal Delivery

7. GOVERNING LAW; MISCELLANEOUS

Governing Law: This Motion is governed by the substantive law of the jurisdiction in which this Court presides and by any applicable statutes governing contribution, indemnity, or apportionment among joint obligors.

Entire Agreement: This Motion and any order issued hereunder constitute the complete statement of Movant's request for contribution in this proceeding and supersede any prior communications or understandings on this subject between the parties.

Severability: If any provision of this Motion is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments; Waiver: No amendment or waiver of any provision of this Motion shall be effective unless in writing and signed by Movant. The waiver of any breach shall not constitute a waiver of any subsequent breach.

Counterparts: This Motion may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that the Court enter an order granting contribution against Respondent in the amount set forth above, awarding costs and attorneys' fees to Movant to the extent permitted by law, awarding pre- and post-judgment interest, setting a hearing date as requested, and granting such further relief as the Court deems just and proper.

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