Texas Third-Party Summons
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How to fill out Texas Third-Party Summons?
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FAQ
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.
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.
§33.004(j) provides that a defendant may designate an unknown party as a Responsible Third Party if, within 60 days after filing the original answer, the defendant files an answer alleging that an unknown person committed a criminal act which caused the injury in question.
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.
(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.
?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.