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Third Party Complaint

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MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MISSISSIPPI

DIVISION

, PLAINTIFF

VS. CIVIL ACTION NO.

, , and , DEFENDANTS

COME NOW , , and (), Defendants in the above-styled and captioned cause, by and through counsel, and, pursuant to FRCP Rule 14(a), moves this Honorable Court for leave to file a Third-Party Complaint against , in the form attached hereto as Exhibit "A", and in support thereof would show unto the Court the following:

1. On or about , , ("") filed the present "" lawsuit against the Defendants, alleging that the Defendants wrongfully denied a claim he/she made concerning a certain issued with respect to a he/she had promoted. An application for the policy at issue was submitted by and taken by an agent, , formerly with (""), an operating under the laws of the State of Mississippi. This handled certain aspects of the application process, including obtaining information from upon which the policy was issued.

2. , as an alleged agent of the Defendants, owed the Defendants certain duties, including the duty to exercise good faith and loyalty to the interests of the Defendants, to disclose all material facts connected with matters in its charge, and to exercise care, skill and diligence in transactions involving the Defendants.

3. While the Defendants have denied and continue to deny that they are in any way liable to , if it be shown that they are in fact liable to on account of the matters and things alleged in the original Complaint, then, in such event, the Defendants should be entitled to recover from the full amount of any judgment which might be rendered against them in the original action by , by virtue of the breach by of any of the foregoing duties.

4. has been duly notified by the Defendants of the claims made against them in this action, and have made demand upon to defend them in this action and to hold them harmless from any and all damages and losses, including attorney's fees, which may be incurred by the Defendants in defending the original action, which demand has been refused.

5. FRCP Rule 14(a) states that a third-party action may be brought against any party not a party to the lawsuit "who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff." Accordingly, the Defendants submit that good cause exists sufficient to support an order by this Court allowing them to file their Third-Party Complaint against .

6. Furthermore, has indicated that he/she does not have any objection to the relief requested by this motion.

WHEREFORE, PREMISES CONSIDERED, the Defendants, , respectfully request this Honorable Court to enter an order granting them leave to file their Third-Party Complaint against .

Respectfully submitted,

, , and

BY: _________________________________

Of Counsel:

BY: _________________________________

Of Counsel:

CERTIFICATE OF SERVICE

I, , of counsel for Defendants, do hereby certify that I have this day mailed a true and correct copy of the above and foregoing Motion to:

THIS, the day of , 20 .

__________________________________

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MISSISSIPPI

DIVISION

PLAINTIFF

VS. CIVIL ACTION NO.

, , and DEFENDANTS AND THIRD-PARTY PLAINTIFFS

VS.

THIRD-PARTY DEFENDANT

THIRD-PARTY COMPLAINT

COME NOW , , and (), defendants in the above-styled and captioned cause, by and through counsel, and files this their Third-Party Complaint against the Third-Party Defendant, , and in support thereof would show unto the Court the following:

1. The Third-Party Plaintiff, (""), is a corporation, licensed to do business and doing business in the State of Mississippi, and having its principal place of business in , Mississippi.

2. The Third-Party Plaintiff, (""), is a corporation, licensed to do business and doing business in the State of Mississippi, and having its principal place of business in , .

3. The Third-Party Defendant, (""), is a , licensed to do business and doing business in the State of Mississippi, and having its principal place of business in .

4. The Third-Party Plaintiff, (""), is a duly operating in the State of Mississippi, upon which process may be served by serving the company president, , at , Mississippi .

5. On or about , 20 , ("") filed a Complaint against the Third-Party Plaintiffs, a copy of which is attached hereto and incorporated herein as Exhibit "A". This "" lawsuit involves a certain policy issued with respect to an had promoted. applied for the policy through an agent, , formerly with . This agent handled certain aspects of the application process, including obtaining information from upon which the policy was issued.

6. , as an alleged agent of the Third-Party Plaintiffs, owed the Third-Party Plaintiffs certain duties, including, but not limited to, the duty to exercise good faith and loyalty to the interests of the Third-Party Plaintiffs, to disclose all material facts connected with matters in its charge, to obey instructions given to it, and to exercise care, skill and diligence in transactions involving the Third-Party Plaintiffs.

7. While the Third-Party Plaintiffs have denied and continue to deny that they are in any way liable to , if it be shown that they are in fact liable to on account of the matters and things alleged in the original Complaint, then, in such event, the Third-Party Plaintiffs should be entitled to recover from the full amount of any judgment which might be rendered against them in the original action by , by virtue of the breach of any of the foregoing duties.

8. has been duly notified by the Third-Party Plaintiffs of the claims made against them in this action, and have made demand upon to defend the Third-Party Plaintiffs in this action and to hold them harmless from any and all damages and losses, including attorney's fees, which may be incurred by the Third-Party Plaintiffs in defending the original action, which demand has been refused.

WHEREFORE, PREMISES CONSIDERED, the Third-Party Plaintiffs, , pray that, in the event that a judgment is entered against them in favor of the original Plaintiff, , the Third-Party Plaintiffs shall have and recover from the Third-Party Defendant, , the amount of any such judgment and, in addition, the Third-Party Plaintiffs pray that they be awarded all costs, including attorney's fees, and for such other, further and special relief as this Honorable Court may deem appropriate.

Respectfully submitted,

BY: _________________________

Of Counsel:

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What a Third Party Complaint Is and When It Appears

A Third Party Complaint is a pleading filed by a defendant who seeks to bring a nonparty into an existing civil lawsuit because that nonparty may be liable for all or part of the original plaintiff’s claim. Commonly called impleader, the procedure allows allocation of fault or indemnity among parties already before the court and the newly joined third-party defendant. Federal practice is governed by Federal Rule of Civil Procedure 14(a); state courts use comparable rules or statutes. The document sets the factual and legal basis for third-party liability and requests the court to issue process against the additional defendant.

Why a Third Party Complaint Matters

Impleader conserves judicial resources by resolving related liability in one action, helps defendants shift or share responsibility, and preserves indemnity or contribution claims that might be lost if asserted separately.

Why a Third Party Complaint Matters

Who Typically Files or Responds to a Third Party Complaint

The document is used by defending parties and their counsel to join potentially liable nonparties into an ongoing case.

  • Defendants and defense counsel: bring indemnitors or contractually liable entities into the case.
  • Insurance carriers and subrogated parties: protect contribution or coverage interests through impleader.
  • Plaintiffs and plaintiffs’ counsel: monitor and, if necessary, respond to shifting claims and parties.

Third-party defendants, plaintiffs, and the court then engage in the amended litigation track established by impleader procedures.

Core Parts of a Professional Third Party Complaint

A well-drafted Third Party Complaint is clear about parties, jurisdiction, factual background, legal theory, specific relief sought, and how the claim relates to the original action.

Caption

Court name, case title, and original case number placed exactly as the original complaint to ensure proper filing and docketing.

Parties

Identify the third-party plaintiff (original defendant) and the third-party defendant with full legal names and service addresses for proper process.

Statement of Facts

Concise chronology linking the original claim to the third party’s alleged liability, with dates and transactions supporting impleader.

Legal Claims

Specify causes of action (indemnity, contribution, contractual indemnification) and cite governing statutes or common-law doctrines.

Relief Requested

Clear demand for relief (indemnity, contribution, declaratory relief) and any alternative remedies sought from the court.

Service & Certificate

Include a proposed summons, proof of service instructions, and a certificate of service to demonstrate notice to all parties.

Essential Information Every Form Must Contain

Court Caption: Exact caption required
Case Number: Original docket number
Third-Party Plaintiff: Full legal name
Third-Party Defendant: Full legal name
Factual Basis: Concise factual statement
Service Details: Method and date of service

Step-by-Step: Filing a Third Party Complaint

Follow these steps in order to implead a third party consistent with procedural rules and proper service requirements.

  • 01
    Draft Complaint: Prepare pleading tying third party to original claim.
  • 02
    Attach Proposed Summons: Include a summons for the third-party defendant.
  • 03
    File with Clerk: File complaint and pay any required court fee.
  • 04
    Serve Parties: Serve third-party defendant and notify original parties.

Customizing an Online Workflow for a Third Party Complaint

Configure your digital workflow to collect signatures, serve documents, and preserve an audit trail for court-ready filings.

Field Configuration
Document Template Pre-fill caption and case number
Signature Fields Place signer name, date, and attorney signature
Service Tracking Record service method and timestamp
Audit Trail Capture IP, timestamp, and access log

Where to File, Serve, and Submit the Complaint

Filing and service follow court rules; use physical or e-filing systems as permitted by the forum.

  • File with Clerk: Submit via court e-filing or in-person.
  • Serve Third Party: Use methods authorized by court rules.
  • Notify Original Parties: Serve existing parties with the third-party pleading.
  • Upload Proof: File proof of service with the court clerk.

Digital Delivery and eSubmission Considerations

Use an e-filing-compatible workflow and tools that preserve an immutable audit trail and support accepted file formats.

  • File Formats: PDF, DOCX supported
  • Authentication: Email, SMS, or advanced methods
  • Integrations: E-file systems and cloud storage

Key Deadlines and Timing Rules to Watch

Timely filing and service affect whether impleader is permitted and whether leave of court is required under procedural rules.

Impleader Timing:

Within 14 days after serving answer (FRCP 14(a))

Leave After 14 Days:

Court permission required to implead later

Response Time:

Third-party defendant must answer per applicable Rules

Statute of Limitations:

Check tolling and accrual for new claims

Service Proof:

File certificate of service promptly

Processing Stages from Draft to Resolution

A typical impleader follows several sequential stages from preparation through third-party response and potential adjudication.

01

Drafting Stage

Prepare factual allegations and legal theories for impleader.

02

Filing Stage

File complaint with clerk and pay required fees.

03

Service Stage

Serve third-party defendant and file proof of service.

04

Response Stage

Third-party defendant answers, moves, or asserts defenses.

Common Mistakes to Avoid When Preparing Impleader Documents

  • Misspelling party names or using trade names instead of legal entities, causing service defects and clerical rejection.
  • Failing to attach a proposed summons or follow local service rules, delaying effective notice and responsiveness deadlines.
  • Adding claims that lack factual connection to the original action, risking motions to dismiss or severance.
  • Missing the 14-day FRCP window and failing to seek leave of court with supporting justification.

Consequences of an Incorrect or Untimely Third Party Complaint

Dismissal: Court may strike or dismiss pleading
Default Risk: Defective service can lead to default
Sanctions: Court may impose monetary sanctions
Fee Awards: Adverse party costs may be recoverable
Waiver: Late impleader can forfeit claims
Jurisdictional Defect: Improper service affects personal jurisdiction

How a Third Party Complaint Differs from Other Pleadings

Compare purpose, timing, and service obligations to distinguish impleader from counterclaims and crossclaims.

Criteria Third-Party Complaint Counterclaim Crossclaim
Purpose shift liability defendant vs plaintiff co-defendant disputes
Typical Timing after answer (14 days) with answer after complaint
Service Required yes (new party) no (same case) no (same case)
Joinder Permitted yes (nonparty) no (party) no (party)

Common eSignature Provider Comparison for Court-Ready Pleadings

Compare starting prices and key capabilities relevant to executing and preserving litigation documents; signNow appears first in the vendor list.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Third Party Complaints

Answers to common procedural and practical questions about impleader, service, timing, and digital workflows for court filings.


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