Alaska State Court Third-Party Complaint (Impleader)

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[____________] JUDICIAL DISTRICT AT [____________]

Case No.: [____________]

DEFENDANT/THIRD-PARTY PLAINTIFF'S THIRD-PARTY COMPLAINT

Filed Pursuant to Alaska R. Civ. P. 14

COMES NOW the Defendant, [DEFENDANT / THIRD-PARTY PLAINTIFF NAME] ("Defendant" or "Third-Party Plaintiff"), by and through undersigned counsel, and pursuant to Rule 14 of the Alaska Rules of Civil Procedure, files this Third-Party Complaint against [THIRD-PARTY DEFENDANT NAME] ("Third-Party Defendant"), a person not a party to the original action, on the selected basis for liability over under Rule 14(a) and/or equitable apportionment under Rule 14(c), and states as follows:

I. NATURE OF THE THIRD-PARTY ACTION AND COMPLIANCE WITH RULE 14

1. Under Alaska R. Civ. P. 14(a), at any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action 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.

2. The third-party plaintiff need not obtain leave of court to make the service if the third-party complaint is filed not later than ten (10) days after the Defendant serves its original answer. Otherwise, the third-party plaintiff must obtain leave on motion upon notice to all parties to the action. Alaska R. Civ. P. 14(a).

3. This Third-Party Complaint is filed (select one):

   • ☐ within ten (10) days after service of the Defendant's original answer and therefore as of right, without leave of court, under Alaska R. Civ. P. 14(a); or
   • ☐ more than ten (10) days after service of the Defendant's original answer and, accordingly, by and pursuant to the leave of court granted on [__/__/____] upon the Defendant's motion under Alaska R. Civ. P. 14(a).

4. ☐ Under Rule 14(a), the Third-Party Defendant is or may be liable to the Defendant/Third-Party Plaintiff for all or part of Plaintiff's claim based on [identify the contract, duty, or other substantive basis: ____________]. ☐ Separately, under Rule 14(c), the Third-Party Defendant's fault may have caused Plaintiff's claimed damages, and joinder is sought for equitable apportionment under AS 09.17.080. Select the applicable basis and complete its facts below.

II. PARTIES

5. The Plaintiff, [PLAINTIFF NAME], is the plaintiff in this action.

6. The Defendant/Third-Party Plaintiff, [DEFENDANT / THIRD-PARTY PLAINTIFF NAME], is the defendant in this action and is, and at all relevant times was, a [corporation / limited liability company / individual] organized under the laws of [State] with its principal place of business / residence in [____________], Alaska.

7. The Third-Party Defendant, [THIRD-PARTY DEFENDANT NAME], is not a party to the original action and is, and at all relevant times was, a [corporation / limited liability company / individual] organized under the laws of [State] with its principal place of business / residence in [____________].

III. JURISDICTION AND VENUE

8. This Court has subject-matter jurisdiction over this Third-Party Complaint because [state the jurisdictional basis and relationship to Plaintiff's claim: ____________]. Rule 14 supplies a procedure for joinder; the selected claim must have its own substantive basis.

9. Venue is proper in this judicial district because [state the applicable venue facts and authority: ____________].

10. This Court has personal jurisdiction over the Third-Party Defendant because [state contacts and applicable legal basis: ____________]. The Third-Party Defendant will be served with process under Alaska R. Civ. P. 4.

IV. SUMMARY OF THE UNDERLYING ACTION

11. On or about [__/__/____], the Plaintiff commenced this action against the Defendant by filing a Complaint asserting claims for [describe the Plaintiff's claims — e.g., breach of contract, negligence, personal injury, property damage]. [____________]

12. In the Complaint, the Plaintiff alleges that [summarize the Plaintiff's material allegations against the Defendant]. [____________]

13. The Plaintiff seeks damages against the Defendant in an amount of $[____________], together with interest, costs, attorney's fees, and other relief.

14. The Defendant denies liability to the Plaintiff and has asserted defenses to the Plaintiff's claims. The Defendant files this Third-Party Complaint without waiving, and expressly reserving, all such defenses. To the extent the Defendant is found liable to the Plaintiff — which liability is expressly denied — such liability is attributable, in whole or in part, to the acts, omissions, or obligations of the Third-Party Defendant.

V. FACTUAL ALLEGATIONS

15. [State the factual background giving rise to the Third-Party Defendant's liability over to the Defendant, in numbered paragraphs.] [____________]

16. On or about [__/__/____], [____________].

17. [____________].

18. [____________].

19. The injuries, losses, or damages for which the Plaintiff seeks recovery from the Defendant were caused, in whole or in part, by the acts, omissions, breach, or default of the Third-Party Defendant. [____________]

VI. THIRD-PARTY CLAIMS FOR RELIEF

The Defendant/Third-Party Plaintiff asserts the following third-party claim(s):

☐ Count I — Contractual Indemnity
☐ Count II — Indemnity Under Another Identified Legal Basis
☐ Count III — Equitable Apportionment Under Rule 14(c)
☐ Count IV — Subrogation
☐ Count V — Breach of Warranty
☐ Count VI — Other Liability-Over Claim (Identify Basis)

Count I — Contractual Indemnity

20. The Defendant/Third-Party Plaintiff restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

21. On or about [__/__/____], the Defendant and the Third-Party Defendant entered into a [written / oral] agreement (the "Agreement") under which the Third-Party Defendant agreed to indemnify, defend, and hold the Defendant harmless from and against [describe the scope of the indemnity obligation]. [____________]

22. The claims asserted by the Plaintiff against the Defendant fall within the scope of the Third-Party Defendant's indemnity obligation under the Agreement.

23. By reason of the foregoing, the Third-Party Defendant is obligated to indemnify the Defendant for all or part of any judgment, loss, expense, and reasonable attorney's fees arising from the Plaintiff's claims.

Count II — Indemnity Under Another Identified Legal Basis

24. The Defendant/Third-Party Plaintiff restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

25. The legal basis for indemnity is [identify statute, contract, or applicable rule of decision: ____________]. The parties' relationship and the facts creating the claimed obligation are [____________].

26. Under that identified basis, Third-Party Defendant is or may be liable to reimburse Defendant for [identify part of Plaintiff's claim, judgment, or defense costs within the basis: ____________].

Count III — Equitable Apportionment Under Rule 14(c)

27. The Defendant/Third-Party Plaintiff restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

28. If Plaintiff's action involves fault of multiple persons, the Third-Party Defendant's conduct [describe acts or omissions: ____________] may have caused Plaintiff's claimed damages. Under Rule 14(c), Defendant requests joinder for equitable apportionment under AS 09.17.080. The court may enter judgment against a third-party defendant in favor of Plaintiff according to that party's allocated percentage of fault, even if Plaintiff has made no direct claim against it. Fault allocation alone does not establish a reimbursement claim in favor of Defendant.

Count IV — Subrogation

29. The Defendant/Third-Party Plaintiff restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

30. The source of Defendant's claimed subrogation right is [identify policy, contract, statute, or other applicable law: ____________]. Defendant [has paid / may be required to pay] [amount or claim: ____________] and seeks reimbursement from Third-Party Defendant to the extent that identified right permits.

Count V — Breach of Warranty

31. The Defendant/Third-Party Plaintiff restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

32. The Third-Party Defendant [sold / supplied / furnished] [identify goods or services: ____________] to Defendant and made this warranty under [identify contract or applicable law: ____________]: [quote or describe warranty and transaction: ____________].

33. Third-Party Defendant breached that warranty by [____________]. The breach caused Defendant's potential liability to Plaintiff because [____________]. Defendant seeks the relief available under the identified warranty and applicable law.

Count VI — Other Liability-Over Claim

34. The Defendant/Third-Party Plaintiff restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

35. The substantive basis for this liability-over claim is [identify source of duty or obligation: ____________]. Third-Party Defendant's conduct [____________] makes it liable to Defendant for [identify part of Plaintiff's claim: ____________].

VII. PRAYER FOR RELIEF

WHEREFORE, the Defendant/Third-Party Plaintiff respectfully requests that this Court:

A. On any selected and proven liability-over count, enter judgment in favor of Defendant/Third-Party Plaintiff against Third-Party Defendant for the amount supported by that count;

B. If Rule 14(c) applies, allocate fault under AS 09.17.080 and enter any judgment against Third-Party Defendant in favor of Plaintiff as the rule permits;

C. Award the Defendant/Third-Party Plaintiff allowable costs under Alaska R. Civ. P. 79 and attorney's fees under Alaska R. Civ. P. 82, and, where permitted by contract, its full defense costs and fees;

D. Award pre-judgment and post-judgment interest as allowed by AS 09.30.070; and

E. Grant such other and further relief as this Court deems just and proper.

VIII. SEPARATE JURY DEMAND

If a jury is demanded, file this section as its own signed document. Copy the complete case caption into that document, then serve and file it no later than 10 days after service of the last pleading directed to the jury-triable issue. An embedded demand in the third-party complaint does not meet Alaska Civil Rule 38(b), (d).

Jury Trial Demanded: ☐ Yes ☐ No

[COPY COMPLETE CAPTION AND CASE NUMBER HERE]

Defendant/Third-Party Plaintiff separately demands a trial by jury on all issues so triable under Alaska Civil Rule 38.

DATED: [__/__/____]

Signature: ________________________________________

Printed name / Alaska Bar No.: [________________________________]

IX. SIGNATURE

DATED: [__/__/____]

Respectfully submitted,

_____________________________________
[____________]
Alaska Bar No. [____________]
[FIRM NAME]
[____________]
[____________], AK [____]
Telephone: [____________]
Email: [____________]
Attorney for Defendant/Third-Party Plaintiff [____________]

X. NOTE ON ISSUANCE AND SERVICE OF THE THIRD-PARTY SUMMONS

Obtain a third-party summons and serve it with this Third-Party Complaint on the new Third-Party Defendant under Alaska R. Civ. P. 4 and 14(a). Serve existing parties with this pleading under Rule 5. The Third-Party Defendant must respond under Rule 12(a); the ordinary 20-day period may differ under that rule's 40-day categories, Rule 4(e), a timely Rule 12 motion, or a court order.

XI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing was served upon all counsel of record and/or self-represented parties in accordance with Alaska R. Civ. P. 5 by the following method(s):

☐ Court-authorized electronic service (if applicable)
☐ Electronic mail with consent
☐ United States Mail, first-class postage prepaid
☐ Personal / hand delivery
☐ Other: [____________]

Addressed to:

[____________]
[____________]
[____________]

DATED: [__/__/____]

_____________________________________
[____________]
Alaska Bar No. [____________]
Attorney for Defendant/Third-Party Plaintiff [____________]

ALASKA-SPECIFIC PROCEDURAL NOTES

Impleader Rule

• Third-party practice is governed by Alaska R. Civ. P. 14. Rule 14(a) permits joinder of a nonparty who is or may be liable to the defendant for all or part of Plaintiff's claim. Alaska's Rule 14(c) separately permits joinder of a person whose fault may have caused Plaintiff's claimed damages for equitable apportionment under AS 09.17.080.

Leave of Court — Timing

• A defendant need not obtain leave if the third-party complaint is filed not later than ten (10) days after service of the original answer. After that period, leave on motion with notice to all parties is required. Alaska R. Civ. P. 14(a).

Substantive Basis — Indemnity and Several Liability

• Rule 14 is procedural only; it does not create a substantive right to shift liability. The third-party plaintiff must have a substantive "liable over" theory — indemnity (contractual or implied), subrogation, breach of warranty, etc.
• Rule 14(c) allows a defendant to add a person whose fault may have caused Plaintiff's damages. It permits judgment against that third-party defendant in Plaintiff's favor according to allocated fault even without a direct claim by Plaintiff. AS 09.17.080(d) requires judgment against each liable party on a several-liability basis according to its fault percentage.

Third-Party Defendant's Responsive Pleading and Claims

• The third-party defendant must make its defenses under Alaska R. Civ. P. 12 and its counterclaims and cross-claims under Alaska R. Civ. P. 13, may assert against the Plaintiff any defenses the third-party plaintiff has, and may assert against the Plaintiff any claim arising out of the same transaction or occurrence. The Plaintiff may likewise assert claims against the third-party defendant arising out of the same transaction or occurrence. Alaska R. Civ. P. 14(a).

Service

• The third-party defendant is a new party and must be served with process (third-party summons and the Third-Party Complaint) under Alaska R. Civ. P. 4 — not merely under Rule 5. Service of the pleading on existing parties is governed by Alaska R. Civ. P. 5.

Striking, Severance, Separate Trial

• Any party may move to strike the third-party claim, or for its severance or separate trial. Alaska R. Civ. P. 14(a).

Attorney's Fees

• Alaska R. Civ. P. 82 governs prevailing-party attorney's fees, and Rule 79 governs allowable costs. Impleader strategy should account for fee exposure.

Sources and References

• Alaska Rules of Civil Procedure (complete, including Rule 14): https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska R. Civ. P. 12 (time to serve responsive pleading — 20 days): https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska R. Civ. P. 82 (attorney's fees): https://courts.alaska.gov/rules/docs/civ.pdf
• AS 09.17.080 (apportionment of damages; several liability): https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.17.060&secEnd=09.17.080
• AS 09.30.070 (interest): https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.30.070&secEnd=09.30.070
• Alaska Court System: https://courts.alaska.gov/