Arizona State Court Third-Party Complaint (Impleader)

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [____________]

Case No.: [____________]

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

Filed Pursuant to Ariz. R. Civ. P. 14

For its Third-Party Complaint against [THIRD-PARTY DEFENDANT NAME] ("Third-Party Defendant"), the Defendant [DEFENDANT / THIRD-PARTY PLAINTIFF NAME] ("Defendant" or "Third-Party Plaintiff"), by and through undersigned counsel and pursuant to Rule 14 of the Arizona Rules of Civil Procedure, alleges as follows:

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

1. Under Ariz. R. Civ. P. 14(a)(1), a defending party may, as a third-party plaintiff, serve a summons and third-party complaint on a nonparty who is or may be liable to it for all or part of the claim against it.

2. The third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than ten (10) days after serving its original answer. Ariz. R. Civ. P. 14(a)(1).

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 Ariz. R. Civ. P. 14(a)(1); 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 Ariz. R. Civ. P. 14(a)(1).

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 and/or allocation of fault, subrogation, breach of warranty, and/or "liable over," as set forth 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 [____________] County, Arizona.

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. A third-party claim under Ariz. 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 A.R.S. § 12-401 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 Arizona, and/or is subject to service of process under Ariz. R. Civ. P. 4, 4.1, or 4.2.

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 — Equitable / Implied Indemnity
☐ Count III — Contribution / Allocation of Fault
☐ 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, such that the Third-Party Defendant is obligated to indemnify the Defendant for all or part of any judgment entered in favor of the Plaintiff against the Defendant.

Count III — Contribution / Allocation of Fault

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

28. Arizona generally imposes several liability, under which each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault. See A.R.S. § 12-2506. To the extent any fault for the Plaintiff's injuries or losses is attributable to the Third-Party Defendant, the Defendant requests that fault be allocated to the Third-Party Defendant and that judgment be entered accordingly.

29. To the extent contribution is available for the specific claim, the Defendant is entitled to contribution from the Third-Party Defendant for the Third-Party Defendant's proportionate share of any common liability to the Plaintiff under the Uniform Contribution Among Tortfeasors Act, A.R.S. § 12-2501 et seq.

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, the Defendant/Third-Party Plaintiff respectfully requests 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 and/or allocation of fault, subrogation, breach of warranty, and/or "liable over" as set forth above;

B. Allocate to the Third-Party Defendant its proportionate share of fault under A.R.S. § 12-2506 and enter judgment accordingly;

C. Award the Defendant/Third-Party Plaintiff its taxable costs under A.R.S. § 12-341 and, where applicable, reasonable attorney's fees under A.R.S. § 12-341.01 or other contractual or statutory authority;

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

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

VIII. JURY DEMAND

The Defendant/Third-Party Plaintiff hereby demands a trial by jury on all issues so triable, pursuant to Ariz. R. Civ. P. 38 and Article 2, Section 23 of the Arizona Constitution.

Jury Trial Demanded: ☐ Yes ☐ No

IX. SIGNATURE

DATED this [____] day of [____________], 20[____].

Respectfully submitted,

[FIRM NAME]

By: /s/ [____________]
[____________]
Arizona State Bar No. [____________]
[____________]
[____________], AZ [____]
Telephone: [____________]
Email: [____________]
Attorney for Defendant/Third-Party Plaintiff [____________]

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

Upon the filing of this Third-Party Complaint, a third-party summons shall be issued under Ariz. 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 served with the third-party summons. Service shall be made in accordance with Ariz. R. Civ. P. 4.1 (service within Arizona) or 4.2 (service outside Arizona), as applicable. The Third-Party Defendant must serve a responsive pleading within 20 days after service within Arizona, or within 30 days if served outside Arizona, in accordance with Ariz. R. Civ. P. 12(a)(1).

XI. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served the foregoing in accordance with Ariz. R. Civ. P. 5 by:

☐ Electronic filing through the Arizona court electronic-filing system (AZTurboCourt / approved EFSP)
☐ Electronic service on registered users
☐ United States Mail, first-class postage prepaid
☐ Hand delivery
☐ Email to [____________]

Addressed to:

[____________]
[____________]
[____________]

DATED this [____] day of [____________], 20[____].

/s/ [____________]
[____________]
Arizona State Bar No. [____________]
Attorney for Defendant/Third-Party Plaintiff [____________]

ARIZONA-SPECIFIC PROCEDURAL NOTES

Impleader Rule

• Third-party practice (impleader) is governed by Ariz. R. Civ. P. 14, restyled effective January 1, 2017. It permits a defending party, as third-party plaintiff, to serve a summons and third-party complaint on a nonparty "who is or may be liable to it for all or part of the claim against it."

Leave of Court — Timing

• A defendant must by motion, obtain the court's leave if it files the third-party complaint more than ten (10) days after serving its original answer. Ariz. R. Civ. P. 14(a)(1). If filed within that 10-day window, no leave is required. (Note: Arizona uses a 10-day window, in contrast to the 14-day window in the current federal rule.)

Substantive Basis — Several Liability and Contribution

• Rule 14 is procedural only; the third-party plaintiff must have a substantive "liable over" theory — indemnity (contractual or implied), subrogation, breach of warranty, etc.
• Arizona generally imposes several liability with allocation of fault under A.R.S. § 12-2506, so allocation of fault is the primary mechanism. Statutory contribution under the Uniform Contribution Among Tortfeasors Act, A.R.S. § 12-2501 et seq., applies only in the limited circumstances in which parties remain jointly liable.

Third-Party Defendant's Responsive Pleading and Claims

• The third-party defendant must assert its defenses under Ariz. R. Civ. P. 12 and its counterclaims and crossclaims under Ariz. R. Civ. P. 13 (note: Arizona places the crossclaim provision at Rule 13(f), not 13(g)), 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. Ariz. 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 Ariz. R. Civ. P. 4, 4.1, or 4.2 — not merely under Rule 5. Service of the pleading on existing parties is governed by Ariz. R. Civ. P. 5 (electronic service on registered users for most Superior Court civil filings).

Striking, Severance, Separate Trial

• Any party may move to strike the third-party claim, to sever it, or to try it separately. Ariz. R. Civ. P. 14(a).

Sources and References

• Arizona Rules of Civil Procedure, Rule 14 (Third-Party Practice): https://govt.westlaw.com/azrules/Document/N6867B75086E111E699029391C09D0CE5
• Arizona Rules of Civil Procedure (Arizona Judicial Branch): https://www.azcourts.gov/rules/Home/RulesOfCivilProcedure
• A.R.S. § 12-2501 et seq. (Uniform Contribution Among Tortfeasors Act): https://www.azleg.gov/arsDetail/?title=12
• A.R.S. § 12-2506 (several liability; allocation of fault): https://www.azleg.gov/ars/12/02506.htm
• A.R.S. § 12-401 (venue): https://www.azleg.gov/arsDetail/?title=12
• A.R.S. § 12-341.01 (attorney's fees in contract actions): https://www.azleg.gov/ars/12/00341-01.htm
• Arizona Judicial Branch — eFiling (AZTurboCourt): https://efap.azcourts.gov/