State Court Motion to Implead and Third-Party Complaint (Impleader)

MOTION TO IMPLEAD AND THIRD-PARTY COMPLAINT — CONNECTICUT SUPERIOR COURT

TABLE OF CONTENTS

1. Caption
2. PART A — Motion to Implead (Conn. Gen. Stat. § 52-102a; P.B. § 10-11)
3. Proposed Order on Motion to Implead
4. PART B — Third-Party Complaint
5. Parties
6. Jurisdiction & Venue
7. Summary of the Underlying Action
8. General Factual Allegations
9. First Count — Indemnification (Active/Passive)
10. Second Count — Contractual Indemnity / Duty to Defend
11. Third Count — Contribution / Apportionment
12. Fourth Count — Equitable Subrogation
13. Fifth Count — "Liability Over"
14. Claim for Relief
15. Jury Claim
16. Signature Block
17. Issuance & Service of the Third-Party Writ, Summons and Complaint
18. Certification of Service
19. Connecticut Practice Notes
20. Sources & References

1. CAPTION

DOCKET NO.: [____________]

SUPERIOR COURT

JUDICIAL DISTRICT OF [____________] AT [COURT LOCATION]

RETURN DATE: [__/__/____]

[__/__/____]

DEFENDANT [DEFENDANT NAME]'S MOTION TO IMPLEAD [THIRD-PARTY DEFENDANT NAME] AND THIRD-PARTY COMPLAINT

2. PART A — MOTION TO IMPLEAD (Conn. Gen. Stat. § 52-102a; P.B. § 10-11)

Pursuant to Conn. Gen. Stat. § 52-102a and Connecticut Practice Book § 10-11, Defendant [DEFENDANT NAME] ("Defendant" / proposed "Third-Party Plaintiff") respectfully moves the Court for permission to serve a writ, summons and complaint upon [THIRD-PARTY DEFENDANT NAME] ("proposed Third-Party Defendant"), a person not a party to this action who is or may be liable to Defendant for all or part of Plaintiff's claim against Defendant. In support, Defendant states:

2.1. Statutory authority. Conn. Gen. Stat. § 52-102a(a) provides that "[a] defendant in any civil action may move the court for permission as a third-party plaintiff to serve a writ, summons and complaint 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."

2.2. Timing. Section 52-102a(a) provides that "[t]he motion may be filed at any time before trial," and that permission may be granted in the court's discretion "if . . . the granting of the motion will not unduly delay the trial of the action nor work an injustice upon the plaintiff or the party sought to be impleaded."

2.3. Grounds. Plaintiff alleges that Defendant is liable to Plaintiff for [describe the plaintiff's claim]. Defendant denies liability and alleges that, if it is held liable, the proposed Third-Party Defendant is or may be liable to Defendant for all or part of that claim by reason of [indemnity / contractual duty to defend and indemnify / apportionment / liability over], as set forth in the proposed Third-Party Complaint (Part B), a copy of which is submitted herewith.

2.4. No undue delay or injustice. Granting this Motion will not unduly delay the trial of the action and will not work an injustice upon Plaintiff or the party sought to be impleaded, because [explain — e.g., the case is in an early pleading stage / discovery is open / the claims arise from the same facts and promote a complete and consistent adjudication].

WHEREFORE, Defendant respectfully requests that the Court grant permission to serve a writ, summons and the attached Third-Party Complaint upon [THIRD-PARTY DEFENDANT NAME] as a Third-Party Defendant.

3. PROPOSED ORDER ON MOTION TO IMPLEAD

ORDER:

The foregoing Motion to Implead having been considered, it is hereby ORDERED: GRANTED / DENIED.

Defendant [DEFENDANT NAME] is granted permission, as Third-Party Plaintiff, to serve a writ, summons and the attached Third-Party Complaint upon [THIRD-PARTY DEFENDANT NAME] as a Third-Party Defendant, with a return date of [__/__/____].

BY THE COURT,

[____________________________]
Judge / Clerk

Dated: [__/__/____]

4. PART B — THIRD-PARTY COMPLAINT

[To be served on the Third-Party Defendant with a writ and summons AFTER the Court grants the Motion to Implead.]

Third-Party Plaintiff [DEFENDANT NAME], having obtained the Court's permission under Conn. Gen. Stat. § 52-102a and Practice Book § 10-11, complains against Third-Party Defendant [THIRD-PARTY DEFENDANT NAME] and alleges as follows. A third-party complaint must contain sufficient allegations to state a cause of action equivalent to the requirements of an original complaint.

5. PARTIES

5.1. 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 [Town], Connecticut], and is the defendant in this action.

5.2. 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 [Town, State]]. Third-Party Defendant was not a party to this action before the Court granted permission to implead it under Conn. Gen. Stat. § 52-102a.

5.3. 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 [Town], Connecticut].

6. JURISDICTION & VENUE

6.1. This Court has jurisdiction over this Third-Party Complaint, which is ancillary to the pending action already within the Court's jurisdiction and which is served pursuant to the Court's order granting permission to implead under Conn. Gen. Stat. § 52-102a.

6.2. Under Conn. Gen. Stat. § 52-102a(b), the writ, summons and complaint served on the Third-Party Defendant "shall be equivalent in all respects to an original writ, summons and complaint," and personal jurisdiction over the Third-Party Defendant is established by service in compliance with the statute and the Court's order.

6.3. Venue is proper in this Judicial District under Conn. Gen. Stat. § 51-345 because the original action is properly venued here and/or one or more parties resides or has its principal place of business in this Judicial District and/or the cause of action arose here.

7. SUMMARY OF THE UNDERLYING ACTION

7.1. By Complaint returnable [__/__/____], Plaintiff alleges that Third-Party Plaintiff is liable to Plaintiff for [describe the plaintiff's claims — e.g., breach of contract, negligence, product defect, property damage, personal injury] and seeks damages (the "Underlying Action").

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

7.3. 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 conduct, 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 Conn. Gen. Stat. § 52-102a(a).

8. GENERAL FACTUAL ALLEGATIONS

8.1. 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.

8.2. 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].

8.3. 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].

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

8.5. [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.]

8.6. 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's fees of defense.

9. FIRST COUNT — INDEMNIFICATION (ACTIVE/PASSIVE)

(Third-Party Complaint Against Third-Party Defendant)

9.1. Third-Party Plaintiff repeats and realleges Paragraphs 7.1 through 8.6 as Paragraphs 9.1 through 9.7 of this Count.

9.2. If Third-Party Plaintiff is found liable to Plaintiff, such liability arises in whole or in part from the active or primary negligence, breach, or other fault of Third-Party Defendant, while any negligence or fault of Third-Party Plaintiff was passive or secondary.

9.3. Under Connecticut common-law indemnification, Third-Party Defendant was in exclusive control of the situation; Third-Party Defendant's negligence was the direct, immediate cause of the injuries and damages; Third-Party Plaintiff did not know of and had no reason to anticipate Third-Party Defendant's negligence; and Third-Party Plaintiff reasonably relied on Third-Party Defendant not to be negligent.

9.4. Third-Party Plaintiff is therefore entitled to be indemnified by Third-Party Defendant for all sums Third-Party Plaintiff may be compelled to pay Plaintiff, together with reasonable attorney's fees and costs of defense where recoverable.

10. SECOND COUNT — CONTRACTUAL INDEMNITY / DUTY TO DEFEND

(Third-Party Complaint Against Third-Party Defendant)

10.1. Third-Party Plaintiff repeats and realleges Paragraphs 7.1 through 8.6 as Paragraphs 10.1 through 10.7 of this Count.

10.2. The Agreement obligates Third-Party Defendant to defend, indemnify, and hold harmless Third-Party Plaintiff against claims of the type asserted by Plaintiff in the Underlying Action.

10.3. Third-Party Plaintiff has tendered, or hereby tenders, the defense of the Underlying Action to Third-Party Defendant.

10.4. Third-Party Defendant is obligated by the Agreement to defend and indemnify Third-Party Plaintiff and to reimburse Third-Party Plaintiff's costs and fees of defense.

11. THIRD COUNT — CONTRIBUTION / APPORTIONMENT

(Third-Party Complaint Against Third-Party Defendant)

11.1. Third-Party Plaintiff repeats and realleges Paragraphs 7.1 through 8.6 as Paragraphs 11.1 through 11.7 of this Count.

11.2. To the extent Third-Party Plaintiff and Third-Party Defendant share responsibility for the harm alleged by Plaintiff, Third-Party Plaintiff is entitled to have liability apportioned according to each party's proportionate share of responsibility under Conn. Gen. Stat. § 52-572h, and/or to contribution as permitted by law.

12. FOURTH COUNT — EQUITABLE SUBROGATION

(Third-Party Complaint Against Third-Party Defendant)

12.1. Third-Party Plaintiff repeats and realleges Paragraphs 7.1 through 8.6 as Paragraphs 12.1 through 12.7 of this Count.

12.2. 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 the amounts so paid; Third-Party Plaintiff has not acted as a mere volunteer.

13. FIFTH COUNT — "LIABILITY OVER"

(Third-Party Complaint Against Third-Party Defendant, per Conn. Gen. Stat. § 52-102a)

13.1. Third-Party Plaintiff repeats and realleges Paragraphs 7.1 through 8.6 as Paragraphs 13.1 through 13.7 of this Count.

13.2. As authorized by Conn. Gen. Stat. § 52-102a(a), Third-Party Defendant "is or may be liable to [Third-Party Plaintiff] for all or part of the plaintiff's claim against him."

13.3. 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.

14. CLAIM FOR RELIEF

WHEREFORE, Third-Party Plaintiff claims, against Third-Party Defendant [THIRD-PARTY DEFENDANT NAME]:

1. Judgment over for all or part of any judgment rendered against Third-Party Plaintiff and in favor of Plaintiff in the Underlying Action;
2. Common-law (active/passive) indemnification;
3. Contractual indemnity and a defense, including reimbursement of costs and fees of defense;
4. Apportionment of liability and/or contribution as permitted by law;
5. Equitable subrogation to Plaintiff's rights against Third-Party Defendant for amounts paid;
6. Reasonable attorney's fees and costs of defense, where recoverable;
7. Interest pursuant to Conn. Gen. Stat. § 37-3a;
8. Costs of suit; and
9. Such other and further relief in law or equity as the Court deems just and proper.

15. JURY CLAIM

☐ Third-Party Plaintiff claims this matter for trial by jury and will file a separate Jury Claim form (JD-CV-103) and pay the jury fee within the time allowed by Conn. Gen. Stat. § 52-215 and Practice Book § 14-10.
☐ Third-Party Plaintiff does not claim a jury and submits the matter to the Court.

16. SIGNATURE BLOCK

THE DEFENDANT / THIRD-PARTY PLAINTIFF,

By: /s/ [____________________________]

[ATTORNEY NAME] (Juris No. [________])

[LAW FIRM NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Tel: [____________] Fax: [____________]

Email: [____________]

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

17. ISSUANCE & SERVICE OF THE THIRD-PARTY WRIT, SUMMONS AND COMPLAINT

17.1. Order first. No writ, summons or Third-Party Complaint shall be served until the Court grants the Motion to Implead (Part A). Serving before permission is granted is a jurisdictional defect that deprives the Court of personal jurisdiction over the proposed Third-Party Defendant. (See Ahrens v. Hartford Florists' Supply, Inc., 198 Conn. App. 24 (2020).)

17.2. Equivalent to an original process. After permission is granted, the writ, summons and Third-Party Complaint are served upon the Third-Party Defendant and, under Conn. Gen. Stat. § 52-102a(b), are "equivalent in all respects to an original writ, summons and complaint." Use a proper officer (state marshal) and a return date consistent with Conn. Gen. Stat. §§ 52-45a, 52-46, and the Court's order.

17.3. Limitations / service window. Confirm and observe any statute of limitations or special service deadline governing the impleader claim (e.g., the one-year service window for product-liability third-party claims under Conn. Gen. Stat. § 52-577a(b)); Connecticut requires strict compliance.

17.4. Third-party defendant's rights (§ 52-102a(b)). The Third-Party Defendant has all remedies available to an original defendant, including the right to assert set-offs or counterclaims against the Third-Party Plaintiff, to file cross-complaints against any other third-party defendant, to assert against Plaintiff any defenses the Third-Party Plaintiff has to Plaintiff's claim, and to proceed under § 52-102a(d) against any further non-party who is or may be liable to it.

17.5. Plaintiff's direct claim (§ 52-102a(c)). Within twenty days after the Third-Party Defendant appears, Plaintiff may assert any claim against the Third-Party Defendant arising out of the transaction or occurrence that is the subject matter of the original complaint.

18. CERTIFICATION OF SERVICE

I hereby certify that on [__/__/____], in accordance with Practice Book §§ 10-12 through 10-17, a copy of the foregoing MOTION TO IMPLEAD AND THIRD-PARTY COMPLAINT was or will be delivered electronically through the Judicial Branch E-Services system and/or mailed, first-class postage prepaid, to all counsel and self-represented parties of record as follows (and the Third-Party Complaint will be served on the Third-Party Defendant by a proper officer after the Motion is granted):

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

/s/ [____________________________]

[ATTORNEY NAME] (Juris No. [________])

19. CONNECTICUT PRACTICE NOTES

• Permission first — the defining feature. Conn. Gen. Stat. § 52-102a(a) requires a defendant to move for permission to implead before serving the writ, summons and complaint on the non-party. Service before the court grants the motion is a jurisdictional defect (no personal jurisdiction over the impleaded party). Ahrens v. Hartford Florists' Supply, Inc., 198 Conn. App. 24 (2020).
• Procedural rule. The motion-to-implead procedure is set out in Practice Book § 10-11 (impleading of third party), implementing the statute.
• Timing. The motion "may be filed at any time before trial," and is granted in the court's discretion if it will not unduly delay trial or work an injustice. But a specific limitations/service statute may impose an earlier hard deadline (e.g., product-liability third-party claims under § 52-577a(b)); confirm and observe it.
• Third-party complaint must state a cause of action. It must contain allegations sufficient to state a cause of action equivalent to an original complaint.
• Indemnity / "liability over" vs. negligence apportionment. Impleader under § 52-102a is the vehicle for indemnity, contractual duty-to-defend, and "liability over" claims. For shifting negligence fault among parties, Connecticut uses apportionment under § 52-572h and the apportionment-complaint procedure of § 52-102b, which § 52-102b(f) makes the exclusive means of adding a person for negligence apportionment. Confirm the correct device.
• Third-party defendant's remedies (§ 52-102a(b), (d)). The third-party defendant has all defenses and remedies of an original defendant, may counterclaim/cross-claim, may assert the third-party plaintiff's defenses against the plaintiff, and may implead further non-parties.
• Plaintiff's direct claim (§ 52-102a(c)). Within 20 days after the third-party defendant appears, the plaintiff may assert a related claim directly against it.
• Court / venue. Civil actions are filed in the Superior Court for the appropriate Judicial District; venue is governed by Conn. Gen. Stat. § 51-345. Service is by a proper officer (state marshal) with a statutory return date (§§ 52-45a, 52-46, 52-48).

20. SOURCES & REFERENCES

• Conn. Gen. Stat. § 52-102a (impleading of third party by defendant; rights and remedies of third-party defendant) — https://www.cga.ct.gov/current/pub/chap_898.htm
• Conn. Practice Book § 10-11 (impleading of third party) — https://www.jud.ct.gov/pb.htm
• Conn. Practice Book §§ 10-12 through 10-17 (service and certification); § 14-10 (jury claims)
• Conn. Gen. Stat. § 52-102b (apportionment complaint — exclusive means for negligence apportionment)
• Conn. Gen. Stat. § 52-572h (apportionment of liability; proportionate share)
• Conn. Gen. Stat. § 52-572m et seq.; § 52-572o (Connecticut Product Liability Act; comparative responsibility/contribution)
• Conn. Gen. Stat. § 52-577a(b) (product-liability third-party impleader service window)
• Conn. Gen. Stat. §§ 52-45a, 52-46, 52-48 (process; return date); § 51-345 (venue); § 37-3a (interest); § 52-215 (jury)
• Ahrens v. Hartford Florists' Supply, Inc., 198 Conn. App. 24 (2020) (strict compliance; motion must precede service)
• Connecticut Practice Book (current edition) — https://www.jud.ct.gov/publications/PracticeBook/PB.pdf

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