Third-Party Complaint (Impleader)

Produces an FRCP 14 / state-equivalent third-party complaint asserting derivative liability against an impleaded party.

Prerequisites

Original complaint — full copy for Exhibit A and incorporation by reference
Derivative-liability basis — indemnification contracts, insurance policies, warranties, or common-law indemnity/contribution facts
Third-party defendant identity — legal name, registered agent, service address
Jurisdictional facts — party citizenship (diversity), personal-jurisdiction contacts, venue basis
Timing status — within 14 days of original answer (as of right) or leave required

Workflow

1. Caption & Introduction

Full court name, division, original case number
Party designations: Plaintiff; Defendant and Third-Party Plaintiff; Third-Party Defendant
Title: "THIRD-PARTY COMPLAINT"
Opening paragraph citing FRCP 14(a) / state rule and purpose of liability shifting

2. Procedural Posture

Summarize original complaint: claims, theories, relief sought
State: "The Complaint is attached as Exhibit A and incorporated by reference"
Note answer date and timeliness of third-party filing

3. Jurisdiction & Venue

| Type | Basis | |---|---| | Subject matter | Federal question, diversity (complete + amount), or supplemental under § 1367 | | Personal jurisdiction | Contacts, consent, or long-arm statute | | Venue | § 1391 or applicable state rule |

4. Factual Allegations

Present chronologically. Must establish:

Relationship between Defendant/TPP and Third-Party Defendant
Specific agreements creating indemnification/defense/warranty obligations — quote key language verbatim
Third-Party Defendant's acts or omissions contributing to Plaintiff's alleged harm
Notice to Third-Party Defendant (dates, method, demands, response)
Causal chain: TPD conduct → Defendant's exposure → Plaintiff's claims

5. Counts

Structure each as a separate numbered count from applicable theories:

| Theory | Key Elements | |---|---| | Contractual Indemnification | Quote provision; claims fall within scope; conditions precedent met | | Common-Law Indemnification | Defendant's liability purely passive/vicarious; TPD is actual wrongdoer | | Contribution | Both at fault; apportion per comparative-fault principles | | Breach of Contract/Warranty | Obligation, breach, causation to Defendant's exposure | | Subrogation | Defendant already paid; TPD bears ultimate responsibility |

Per count: incorporate factual paragraphs by reference, state elements, identify governing law, conclude with entitlement to judgment.

6. Prayer for Relief

Request: (a) judgment for all sums adjudged against Defendant including settlements; (b) full indemnification or contribution; (c) defense costs and attorney's fees (cite contractual or statutory basis); (d) declaratory relief on duty to defend/indemnify; (e) pre- and post-judgment interest; (f) costs of third-party action; (g) further just relief.

7. Signature Block

Standard attorney signature with Rule 11 / state-equivalent certification.

Critical Checks

Timing: Within 14 days of serving original answer → as of right (FRCP 14(a)(1)). After → motion for leave required.
Derivative liability only: FRCP 14 requires claims derivative of the original action. Independent claims need separate counterclaim/crossclaim or independent jurisdiction.
Service: Must serve TPD with the third-party complaint AND original complaint plus all prior pleadings.
Contract language: Quote indemnification provisions verbatim — never paraphrase trigger language or scope limitations.
Supplemental jurisdiction: § 1367 typically covers third-party claims, but confirm no statutory exception applies.
State variations: Check local timing rules, leave requirements, and contribution statutes (UCFA vs. joint-and-several jurisdictions).
Party consistency: "Defendant and Third-Party Plaintiff" on first reference, then "Defendant/TPP" throughout.
Rule 11: Every factual allegation must have evidentiary support or be likely to after reasonable investigation.