State Court Third-Party Complaint (Impleader)

THIRD-PARTY COMPLAINT — COLORADO DISTRICT COURT

TABLE OF CONTENTS

1. Caption
2. Introduction & Governing Rule
3. Parties
4. Jurisdiction & Venue
5. Summary of the Underlying Action
6. General Factual Allegations
7. First Claim — Equitable & Contractual Indemnity
8. Second Claim — Contribution
9. Third Claim — Equitable Subrogation
10. Fourth Claim — Declaratory Judgment (Duty to Defend & Indemnify)
11. Fifth Claim — "Liability Over"
12. Prayer for Relief
13. Jury Demand
14. Signature Block
15. Issuance & Service of Summons on the Third-Party Defendant
16. Certificate of Service
17. Colorado Practice Notes
18. Sources & References

1. CAPTION

DISTRICT COURT, [____________] COUNTY, COLORADO

Court Address: [COURT STREET ADDRESS, CITY, CO ZIP]

Attorney / Party Without Attorney: [NAME, ADDRESS, PHONE, EMAIL, ATTY REG. NO.]

Case No.: [____________] Division: [____] Courtroom: [____]

DEFENDANT/THIRD-PARTY PLAINTIFF [DEFENDANT NAME]'S THIRD-PARTY COMPLAINT AGAINST [THIRD-PARTY DEFENDANT NAME]

2. INTRODUCTION & GOVERNING RULE

Defendant and Third-Party Plaintiff [DEFENDANT NAME] ("Third-Party Plaintiff"), pursuant to Colorado Rule of Civil Procedure 14, brings this Third-Party Complaint against [THIRD-PARTY DEFENDANT NAME] ("Third-Party Defendant"), a person not previously a party to this action, and alleges as follows:

2.1. Authority (C.R.C.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 him for all or part of the plaintiff's claim against him." This Third-Party Complaint asserts that Third-Party Defendant is or may be so liable to Third-Party Plaintiff.

2.2. Leave / timing (C.R.C.P. 14(a)). A third-party plaintiff "need not obtain leave to make the service if he files the third-party complaint not later than 14 days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action."
☐ This Third-Party Complaint is filed within 14 days after Third-Party Plaintiff served its original Answer; leave is not required.
☐ This Third-Party Complaint is filed by leave of Court granted on [__/__/____] [attach order].

2.3. Scope. The Third-Party Defendant may make any defenses to the third-party plaintiff's claim under C.R.C.P. 12 and any counterclaims and cross-claims under C.R.C.P. 13, may assert against Plaintiff any defenses the Third-Party Plaintiff has to Plaintiff's claim, and may proceed under Rule 14 against any further non-party who is or may be liable for all or part of the claim against the Third-Party Defendant.

3. PARTIES

3.1. Third-Party Plaintiff [DEFENDANT NAME] is, and at all relevant times was, a [corporation / limited liability company / individual] [organized under the laws of [State] / residing in [County], Colorado], and is the defendant in this action.

3.2. Third-Party Defendant [THIRD-PARTY DEFENDANT NAME] is, and at all relevant times was, a [corporation / limited liability company / individual] [organized under the laws of [State] / residing in [County, State]]. Third-Party Defendant was not a party to this action before the filing of this Third-Party Complaint and is brought in pursuant to C.R.C.P. 14(a).

3.3. Plaintiff [PLAINTIFF NAME] is the plaintiff in the underlying action and is, and at all relevant times was, a [corporation / limited liability company / individual] [organized under the laws of [State] / residing in [County], Colorado].

4. JURISDICTION & VENUE

4.1. This Court has subject-matter jurisdiction over this Third-Party Complaint, which is ancillary to the pending action over which this Court has already assumed jurisdiction; the amount in controversy exceeds the county-court jurisdictional limit and the matter is properly before the District Court.

4.2. This Court has personal jurisdiction over Third-Party Defendant because Third-Party Defendant resides, is organized, or transacts business in Colorado, and/or the acts or omissions giving rise to the indemnity, contribution, and "liability over" claims occurred in Colorado, establishing sufficient minimum contacts.

4.3. Venue is proper in this County under Colo. R. Civ. P. 98 because the original action is pending here and/or one or more parties resides here and/or the events giving rise to these claims occurred here.

5. SUMMARY OF THE UNDERLYING ACTION

5.1. On or about [__/__/____], Plaintiff filed a Complaint against Third-Party Plaintiff alleging [describe the plaintiff's claims — e.g., breach of contract, negligence, property damage, personal injury] and seeking damages of $[____________] (the "Underlying Action").

5.2. Third-Party Plaintiff has answered and denies all liability to Plaintiff and denies that it engaged in any of the wrongful conduct alleged.

5.3. To the extent Third-Party Plaintiff is found liable to Plaintiff — which liability is expressly denied — such liability arises in whole or in part from the acts, omissions, fault, or contractual obligations of Third-Party Defendant, who is or may be liable to Third-Party Plaintiff for all or part of Plaintiff's claim within the meaning of C.R.C.P. 14(a).

6. GENERAL FACTUAL ALLEGATIONS

6.1. On or about [__/__/____], Third-Party Plaintiff and Third-Party Defendant entered into [describe the agreement, transaction, project, or relationship — e.g., a subcontract, supply agreement, lease, or course of dealing] (the "Agreement"). A true and correct copy is attached as Exhibit A and incorporated by reference.

6.2. Under the Agreement, Third-Party Defendant agreed to [describe the duties Third-Party Defendant undertook — e.g., perform the work, supply conforming goods, maintain insurance, defend and indemnify Third-Party Plaintiff].

6.3. The damages, losses, or conditions of which Plaintiff complains in the Underlying Action were caused, in whole or in part, by Third-Party Defendant's [describe the acts, omissions, defective work, breach, or other fault].

6.4. Third-Party Plaintiff performed all obligations required of it, except those it was excused or prevented from performing.

6.5. [Insert additional numbered factual allegations as needed — dates, communications, the relationship between Third-Party Defendant's conduct and the harm Plaintiff alleges, tenders of defense, and demands.]

6.6. As a direct and proximate result of the conduct alleged, if Third-Party Plaintiff is held liable to Plaintiff, Third-Party Plaintiff will be damaged in the amount of any such judgment, together with its costs and attorney fees of defense.

7. FIRST CLAIM — EQUITABLE & CONTRACTUAL INDEMNITY

(By Third-Party Plaintiff Against Third-Party Defendant)

7.1. Third-Party Plaintiff incorporates Paragraphs 5.1 through 6.6 as though fully set forth.

7.2. Plaintiff's Complaint alleges that Third-Party Plaintiff is liable to Plaintiff for [describe the underlying claim]. Third-Party Plaintiff denies all liability to Plaintiff.

7.3. If Third-Party Plaintiff is found liable to Plaintiff, such liability is the direct and proximate result of the conduct, fault, or contractual obligations of Third-Party Defendant, and any fault of Third-Party Plaintiff was passive, secondary, or derivative only.

7.4. Equitable indemnity. Third-Party Plaintiff is entitled to indemnification from Third-Party Defendant for all sums Third-Party Plaintiff may be compelled to pay Plaintiff arising from Third-Party Defendant's conduct.

7.5. Express contractual indemnity. To the extent the Agreement obligates Third-Party Defendant to defend and indemnify Third-Party Plaintiff, Third-Party Plaintiff is entitled to express contractual indemnity for the judgment, costs, and fees described, according to the terms of the Agreement.

7.6. Third-Party Plaintiff is entitled to recover its reasonable attorney fees and costs of defense where recoverable by contract or law.

8. SECOND CLAIM — CONTRIBUTION

(By Third-Party Plaintiff Against Third-Party Defendant)

8.1. Third-Party Plaintiff incorporates Paragraphs 5.1 through 6.6 as though fully set forth.

8.2. To the extent Third-Party Plaintiff and Third-Party Defendant are joint tortfeasors with respect to Plaintiff's claims, Third-Party Plaintiff is entitled to contribution from Third-Party Defendant under the Uniform Contribution Among Tortfeasors Act, C.R.S. §§ 13-50.5-101 et seq., for any amount Third-Party Plaintiff pays in excess of its pro rata share of the common liability.

8.3.

9. THIRD CLAIM — EQUITABLE SUBROGATION

(By Third-Party Plaintiff Against Third-Party Defendant)

9.1. Third-Party Plaintiff incorporates Paragraphs 5.1 through 6.6 as though fully set forth.

9.2. To the extent Third-Party Plaintiff discharges an obligation to Plaintiff that, in equity and good conscience, should be borne by Third-Party Defendant, Third-Party Plaintiff is entitled to be subrogated to Plaintiff's rights against Third-Party Defendant and to recover from Third-Party Defendant the amounts so paid.

9.3. Third-Party Plaintiff has not acted as a mere volunteer; any payment to Plaintiff will be made under compulsion of the Underlying Action and in protection of Third-Party Plaintiff's own interests.

10. FOURTH CLAIM — DECLARATORY JUDGMENT (DUTY TO DEFEND & INDEMNIFY)

(By Third-Party Plaintiff Against Third-Party Defendant)

10.1. Third-Party Plaintiff incorporates Paragraphs 5.1 through 6.6 as though fully set forth.

10.2. An actual controversy exists between Third-Party Plaintiff and Third-Party Defendant concerning their respective rights and duties: Third-Party Plaintiff contends Third-Party Defendant must defend and indemnify it against the Underlying Action; Third-Party Defendant is informed and believed to dispute that obligation.

10.3. Third-Party Plaintiff seeks a declaratory judgment, pursuant to C.R.C.P. 57 and C.R.S. §§ 13-51-101 et seq. (Uniform Declaratory Judgments Law), that Third-Party Defendant is obligated to defend and indemnify Third-Party Plaintiff against the claims asserted by Plaintiff and to reimburse the costs and fees of defense.

11. FIFTH CLAIM — "LIABILITY OVER"

(By Third-Party Plaintiff Against Third-Party Defendant, per C.R.C.P. 14(a))

11.1. Third-Party Plaintiff incorporates Paragraphs 5.1 through 6.6 as though fully set forth.

11.2. As authorized by C.R.C.P. 14(a), Third-Party Defendant "is or may be liable to [Third-Party Plaintiff] for all or part of the plaintiff's claim against him."

11.3. By the terms of the Agreement and/or by operation of law, Third-Party Defendant is liable over to Third-Party Plaintiff, such that if Third-Party Plaintiff is held liable to Plaintiff, Third-Party Defendant must answer to Third-Party Plaintiff for all or part of that liability.

11.4. Third-Party Plaintiff is therefore entitled to judgment over against Third-Party Defendant for all or part of any judgment Plaintiff may obtain against Third-Party Plaintiff, together with costs and attorney fees of defense where recoverable.

12. PRAYER FOR RELIEF

WHEREFORE, Third-Party Plaintiff respectfully requests that the Court enter judgment against Third-Party Defendant [THIRD-PARTY DEFENDANT NAME] as follows:

a. For judgment over against Third-Party Defendant for all or part of any judgment rendered against Third-Party Plaintiff and in favor of Plaintiff in the Underlying Action;
b. For equitable indemnity;
c. For express contractual indemnity in accordance with the Agreement;
d. For contribution under C.R.S. §§ 13-50.5-101 et seq. to the extent Third-Party Plaintiff pays more than its pro rata share of any common liability;
e. For equitable subrogation to Plaintiff's rights against Third-Party Defendant for amounts paid;
f. For a declaratory judgment that Third-Party Defendant has a duty to defend and indemnify Third-Party Plaintiff against the Underlying Action;
g. For Third-Party Plaintiff's reasonable attorney fees and costs of defense as permitted by contract or law;
h. For pre-judgment and post-judgment interest as allowed by law (including C.R.S. § 5-12-102);
i. For costs of suit; and
j. For such other and further relief as the Court deems just and proper.

13. JURY DEMAND

Pursuant to C.R.C.P. 38, Third-Party Plaintiff demands a trial by jury on all issues so triable, and tenders the requisite jury fee. ☐ Yes ☐ No

14. SIGNATURE BLOCK

Respectfully submitted this [____] day of [Month], 20[____].

[____________________________]

[ATTORNEY NAME], Atty Reg. No. [________]

[LAW FIRM NAME]

[STREET ADDRESS]

[CITY], Colorado [ZIP]

Telephone: [____________]

Email: [____________]

Attorney for Defendant/Third-Party Plaintiff [DEFENDANT NAME]

15. ISSUANCE & SERVICE OF SUMMONS ON THE THIRD-PARTY DEFENDANT

15.1. Pursuant to C.R.C.P. 14(a), Third-Party Plaintiff shall cause a summons and this Third-Party Complaint to be served upon Third-Party Defendant [THIRD-PARTY DEFENDANT NAME], who is not a party to the action, in the manner provided by C.R.C.P. 4 for service of an original summons and complaint.

15.2. The summons shall comply with C.R.C.P. 4(c) and notify Third-Party Defendant of the time within which it must appear and defend (21 days after service within Colorado; 35 days where service is outside Colorado or otherwise extended) under C.R.C.P. 12(a).

15.3. Upon service, Third-Party Defendant shall make its defenses under C.R.C.P. 12 and any counterclaims or cross-claims under C.R.C.P. 13, may assert against Plaintiff any defenses Third-Party Plaintiff has to Plaintiff's claim, and may implead further non-parties under C.R.C.P. 14(a).

16. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [Month], 20[____], a true and correct copy of the foregoing THIRD-PARTY COMPLAINT was served as indicated below in accordance with Colo. R. Civ. P. 5 (on existing parties) and Colo. R. Civ. P. 4 (summons and Third-Party Complaint on the Third-Party Defendant):

☐ Personal service of summons and Third-Party Complaint on Third-Party Defendant (C.R.C.P. 4)
☐ Colorado Courts E-Filing (CCEF) system (on parties of record)
☐ U.S. Mail, first-class postage prepaid
☐ Email (by consent)

addressed to:

[NAME, FIRM, ADDRESS, AND/OR E-SERVICE EMAIL OF EACH PARTY/COUNSEL SERVED, AND THE THIRD-PARTY DEFENDANT]

[____________________________]

[ATTORNEY NAME OR AUTHORIZED AGENT]

17. COLORADO PRACTICE NOTES

• Rule number. Impleader is governed by Colo. R. Civ. P. 14, which tracks Fed. R. Civ. P. 14: subsection (a) lets a defending party bring in a non-party "who is or may be liable to him for all or part of the plaintiff's claim"; subsection (b) lets a plaintiff implead when a counterclaim is asserted against it.
• Leave / 14-day window. No leave is needed if the third-party complaint is filed not later than 14 days after the original answer; otherwise the defendant must obtain leave on motion upon notice to all parties. If leave is required, file a Motion for Leave to File Third-Party Complaint with the proposed pleading attached.
• Summons required. Because impleader brings in a non-party, serve a summons and the third-party complaint under C.R.C.P. 4, as on commencement of an original action. The third-party defendant then has 21 days (35 if served out of state) to respond under C.R.C.P. 12(a).
• Comparative fault changes the calculus. C.R.S. § 13-21-111.5 generally abolishes joint liability in tort and apportions damages by percentage of fault; a defendant frequently uses designation of a nonparty at fault (§ 13-21-111.5(3)) rather than impleader to shift tort responsibility. Contribution under the UCATA (C.R.S. §§ 13-50.5-101 et seq.) is limited accordingly. Contractual indemnity and "liability over" remain proper Rule 14 impleader theories. Confirm the correct vehicle for the facts.
• Scope of third-party defendant's role. The third-party defendant may assert Rule 12 defenses, Rule 13 counterclaims/cross-claims, the third-party plaintiff's defenses to the plaintiff's claim, and may implead further non-parties.
• Court. Civil matters exceeding the county-court jurisdictional limit are filed in the District Court for the county.

18. SOURCES & REFERENCES

• Colo. R. Civ. P. 14 (Third-Party Practice) — https://www.coloradojudicial.gov/
• Colo. R. Civ. P. 4 (process; service of summons and complaint)
• Colo. R. Civ. P. 12(a) (time to respond; 21 days)
• Colo. R. Civ. P. 8 (general rules of pleading); Rule 5 (service of papers); Rule 98 (venue); Rule 38 (jury trial)
• Colo. R. Civ. P. 57 (declaratory judgments); C.R.S. §§ 13-51-101 et seq. (Uniform Declaratory Judgments Law)
• C.R.S. § 13-21-111.5 (pro rata liability; comparative-fault apportionment; designation of nonparties)
• C.R.S. §§ 13-50.5-101 et seq. (Uniform Contribution Among Tortfeasors Act)
• C.R.S. § 5-12-102 (statutory interest)
• Colorado Rules of Civil Procedure — https://www.coloradojudicial.gov/self-help/forms-rules

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Colorado must review and customize this document before filing. Rules, statutes, and citations change; verify all authorities before use.