Alabama State Court Third-Party Complaint (Impleader)

IN THE CIRCUIT COURT OF [____________] COUNTY, ALABAMA

Civil Action No.: [____________]

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

Filed Pursuant to Ala. 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 Alabama 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 who is or may be liable to the Defendant/Third-Party Plaintiff for all or part of the Plaintiff's claim against the Defendant, and states as follows:

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

1. Under Ala. 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. Ala. 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 Ala. 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 Ala. R. Civ. P. 14(a).

4. The liability asserted herein is derivative of, or dependent upon, the outcome of the Plaintiff's claim against the Defendant. The Third-Party Defendant is or may be liable to the Defendant/Third-Party Plaintiff for all or part of any judgment that the Plaintiff may recover against the Defendant, on theories of indemnity, contribution (to the extent available), subrogation, breach of warranty, and/or "liable over," as set forth below.

II. PARTIES

5. The Plaintiff, [PLAINTIFF NAME], is the plaintiff in the above-styled action.

6. The Defendant/Third-Party Plaintiff, [DEFENDANT / THIRD-PARTY PLAINTIFF NAME], is the defendant in the above-styled 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 [____________] County, [State].

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 [____________] County, [State].

III. JURISDICTION AND VENUE

8. This Court has subject-matter jurisdiction over this Third-Party Complaint. A third-party claim under Ala. R. Civ. P. 14 is ancillary to the main action and is properly heard in this action together with the Plaintiff's claim against the Defendant.

9. Venue is proper in this County under Code of Ala. 1975, § 6-3-2 et seq., and is appropriate as ancillary to the original action already pending in this Court.

10. This Court has personal jurisdiction over the Third-Party Defendant because the Third-Party Defendant [resides in / is domiciled in / transacts business in / committed acts giving rise to liability in] the State of Alabama, and/or is subject to service of process under Ala. R. Civ. P. 4, 4.1, 4.2, or 4.3.

IV. SUMMARY OF THE UNDERLYING ACTION

11. On or about [__/__/____], the Plaintiff commenced the above-styled 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, 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 — Equitable / Implied Indemnity
☐ Count III — Contribution
☐ Count IV — Subrogation
☐ Count V — Breach of Warranty
☐ Count VI — Common-Law "Liable Over"

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 — Equitable / Implied Indemnity

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

25. Any liability of the Defendant to the Plaintiff arises, if at all, not from the Defendant's own active fault, but solely by operation of law or by reason of the Defendant's relationship to the Third-Party Defendant and the Third-Party Defendant's wrongful conduct. [____________]

26. As between the Defendant and the Third-Party Defendant, the Third-Party Defendant is the party actually at fault and primarily responsible for the Plaintiff's alleged injuries or losses.

27. Under Alabama law, a party held liable solely by operation of law, without active fault on its part, is entitled to implied indemnity from the party whose wrongful conduct is the true cause of the loss. The Third-Party Defendant is therefore obligated to indemnify the Defendant for all or part of any judgment entered in favor of the Plaintiff against the Defendant.

Count III — Contribution

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

29. In the event the Defendant and the Third-Party Defendant are determined to share liability to the Plaintiff, the Defendant is entitled to contribution and/or apportionment from the Third-Party Defendant for the Third-Party Defendant's proportionate share of any such liability, to the extent permitted by Alabama law. See Code of Ala. 1975, § 6-5-522 (apportionment among parties).

Count IV — Subrogation

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

31. To the extent the Defendant is compelled to pay any sum to the Plaintiff for which the Third-Party Defendant is primarily liable, the Defendant is or will be subrogated to the rights of the Plaintiff against the Third-Party Defendant and is entitled to recover such sums from the Third-Party Defendant. [____________]

Count V — Breach of Warranty

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

33. The Third-Party Defendant [sold / supplied / manufactured / furnished] to the Defendant the [goods / products / materials / services] that are the subject of the Plaintiff's claims, and in connection therewith made [express warranties / implied warranties of merchantability and/or fitness for a particular purpose]. [____________]

34. To the extent the Plaintiff's injuries or losses were caused by a breach of those warranties, the Third-Party Defendant is liable to the Defendant for all or part of any judgment recovered by the Plaintiff against the Defendant, together with incidental and consequential damages, interest, and costs.

Count VI — Common-Law "Liable Over"

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

36. By reason of [the parties' relationship / the Third-Party Defendant's primary wrongful conduct / operation of law], the Third-Party Defendant is or may be liable over to the Defendant for all or part of the Plaintiff's claim against the Defendant, such that any judgment rendered in favor of the Plaintiff against the Defendant should be borne, in whole or in part, by the Third-Party Defendant. [____________]

VII. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, the Defendant/Third-Party Plaintiff respectfully prays that this Court:

A. Enter judgment over against the Third-Party Defendant [THIRD-PARTY DEFENDANT NAME], and in favor of the Defendant/Third-Party Plaintiff, for all or part of any judgment that may be rendered against the Defendant in favor of the Plaintiff, on the theories of indemnity, contribution, subrogation, breach of warranty, and/or "liable over" as set forth above;

B. Award the Defendant/Third-Party Plaintiff its costs, expenses, and, where permitted by law or contract, reasonable attorney's fees incurred in defending the Plaintiff's claims and prosecuting this Third-Party Complaint;

C. Award pre-judgment and post-judgment interest at the maximum lawful rate; and

D. Grant such other and further relief — general or special, at law or in equity — as this Court deems just and proper.

VIII. JURY DEMAND

The Defendant/Third-Party Plaintiff hereby demands trial by struck jury on all issues so triable as of right, pursuant to Ala. R. Civ. P. 38 and Art. I, § 11 of the Constitution of Alabama.

Jury Trial Demanded: ☐ Yes ☐ No

IX. SIGNATURE

Respectfully submitted,

/s/ [____________]
[____________]
Alabama State Bar No. [____________]
[FIRM NAME]
[____________]
[____________], Alabama [____]
Telephone: ([____]) [____]-[________]
Email: [____________]
Counsel for Defendant/Third-Party Plaintiff [____________]

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

Upon the filing of this Third-Party Complaint, the Clerk shall forthwith issue a third-party summons under Ala. R. Civ. P. 4 for service upon the Third-Party Defendant. A copy of this Third-Party Complaint, together with a copy of the Plaintiff's original Complaint, shall be attached to and served with the third-party summons. Service shall be made in accordance with Ala. R. Civ. P. 4, 4.1, 4.2, or 4.3 (in-state, out-of-state, foreign-country, or publication service, as applicable). The Third-Party Defendant must serve a responsive pleading within thirty (30) days after service of the third-party summons and Third-Party Complaint, in accordance with Ala. R. Civ. P. 12(a).

XI. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], I electronically filed the foregoing with the Clerk of the Court using the AlaFile electronic-filing system, which will serve notice of such filing on all counsel of record, in accordance with Ala. R. Civ. P. 5:

[____________]
[____________]
[____________]

☐ I further certify that a true and correct copy was served by the following method on any party not served through AlaFile:
☐ U.S. First-Class Mail, postage prepaid
☐ Hand Delivery
☐ Certified Mail, Return Receipt Requested
☐ Email to [____________]

/s/ [____________]
[____________]
Alabama State Bar No. [____________]
Counsel for Defendant/Third-Party Plaintiff [____________]

ALABAMA-SPECIFIC PROCEDURAL NOTES

Impleader Rule

• Third-party practice (impleader) is governed by Ala. R. Civ. P. 14, which tracks the pre-2007 text of Fed. R. Civ. P. 14. It permits a defendant, as third-party plaintiff, to bring in a nonparty "who is or may be liable to [the defendant] for all or part of the plaintiff's claim against [the defendant]."

Leave of Court — Timing

• A defendant need not obtain leave of court to file and serve a third-party complaint if it is filed not later than ten (10) days after the defendant serves its original answer. Ala. R. Civ. P. 14(a). After that period, the defendant must obtain leave on motion upon notice to all parties. (Note: Alabama retained the pre-2007 federal 10-day window; the current federal rule uses 14 days.)

Substantive Basis — Indemnity, Not Contribution

• 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.
• Alabama generally does NOT recognize a common-law right of contribution among joint tortfeasors. Implied (equitable) indemnity is available only where the indemnitee's liability is constructive, vicarious, or imposed by operation of law rather than its own active fault. Apportionment among parties is addressed by Code of Ala. 1975, § 6-5-522. Alabama also remains a pure contributory negligence jurisdiction.

Third-Party Defendant's Responsive Pleading and Claims

• The third-party defendant must assert its defenses under Ala. R. Civ. P. 12 and its counterclaims and cross-claims under Ala. 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. Ala. 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 Ala. R. Civ. P. 4, 4.1, 4.2, or 4.3 — not merely under Rule 5. Service of the pleading on existing parties is governed by Ala. R. Civ. P. 5 (AlaFile e-filing).

Striking, Severance, Separate Trial

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

Jury Demand

• Alabama uses the struck jury system. A demand for jury trial should be made under Ala. R. Civ. P. 38; failure to make a timely demand may waive the right.

Sources and References

• Alabama Rules of Civil Procedure, Rule 14 (Third-Party Practice): https://judicial.alabama.gov/docs/library/rules/cv14.pdf
• Alabama Rules of Civil Procedure (complete): https://judicial.alabama.gov/library/CivilProcedure
• Code of Alabama 1975, § 6-3-2 et seq. (venue): https://law.justia.com/codes/alabama/title-6/chapter-3/
• Code of Alabama 1975, § 6-5-522 (apportionment among parties): https://law.justia.com/codes/alabama/title-6/chapter-5/
• AlaFile Electronic Filing System: https://efile.alacourt.gov/
• Alabama State Bar: https://www.alabar.org/