State Court Third-Party Complaint (Impleader)

IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Civil Division

Case No.: [____________]

Judge / Calendar: [____________]

DEFENDANT/THIRD-PARTY PLAINTIFF'S THIRD-PARTY COMPLAINT (IMPLEADER)

Defendant [DEFENDANT NAME] ("Defendant" or "Third-Party Plaintiff"), by and through undersigned counsel and pursuant to D.C. Super. Ct. R. Civ. P. 14, brings this Third-Party Complaint against [THIRD-PARTY DEFENDANT NAME] ("Third-Party Defendant"), a nonparty who is or may be liable to Third-Party Plaintiff for all or part of Plaintiff's claim against Third-Party Plaintiff, and states as follows:

I. NATURE OF THE ACTION AND RULE 14 AUTHORITY

1. This is a third-party action (impleader) brought under D.C. Super. Ct. R. Civ. P. 14(a)(1), which provides: "A defending party may, as third-party plaintiff, serve a summons and complaint, in the manner and within the time limits prescribed by Rule 4, on a nonparty who is or may be liable to it for all or part of the plaintiff's claim against it. But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer."

2. The basis for impleader is that Third-Party Defendant is or may be liable to Third-Party Plaintiff for all or part of any recovery Plaintiff obtains against Third-Party Plaintiff, by way of indemnity, contribution, subrogation, breach of warranty, or other "liable over" theory described below.

3. Timing and leave of court. Select the applicable basis:

☐ This Third-Party Complaint is filed not more than 14 days after Third-Party Plaintiff served its original answer; therefore, leave of court is not required under Rule 14(a)(1).

☐ This Third-Party Complaint is filed more than 14 days after Third-Party Plaintiff served its original answer; therefore, Third-Party Plaintiff has obtained (or contemporaneously moves for) leave of court under Rule 14(a)(1). A Motion for Leave to File Third-Party Complaint is filed herewith / was granted on [__/__/____].

II. PARTIES

1. Third-Party Plaintiff [DEFENDANT NAME] is the Defendant in the above-captioned action and is, and at all relevant times was, a [individual residing in / corporation organized under the laws of / limited liability company organized under the laws of] [JURISDICTION], with a [residence / principal place of business] at [ADDRESS].

2. Third-Party Defendant [THIRD-PARTY DEFENDANT NAME] is, and at all relevant times was, a [individual residing in / corporation organized under the laws of / limited liability company organized under the laws of] [JURISDICTION], with a [residence / principal place of business] at [ADDRESS], and is not presently a party to this action.

3. Plaintiff [PLAINTIFF NAME] is the Plaintiff in the underlying action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [JURISDICTION].

III. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction over this Third-Party Complaint pursuant to D.C. Code § 11-921, as the Superior Court of the District of Columbia is the court of general jurisdiction for civil actions in the District of Columbia, and because this third-party claim arises out of and is ancillary to the claims asserted in the underlying action.

2. This Court has personal jurisdiction over Third-Party Defendant because Third-Party Defendant [resides in / is organized under the laws of / transacts business in / committed acts or omissions within] the District of Columbia, and the claims herein arise out of those contacts.

3. Venue is proper in this Court because the underlying action is pending here and the events giving rise to this Third-Party Complaint occurred in the District of Columbia and/or the parties reside or transact business in the District of Columbia.

IV. SUMMARY OF THE UNDERLYING ACTION

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

2. In the underlying Complaint, Plaintiff alleges that [summarize Plaintiff's principal allegations against Third-Party Plaintiff] and seeks damages in an amount of $[____________], together with interest and costs.

3. Third-Party Plaintiff has answered the Complaint and denies liability to Plaintiff. Third-Party Plaintiff asserts this Third-Party Complaint without admitting any liability to Plaintiff, and pleads in the alternative.

4. To the extent Third-Party Plaintiff is found liable to Plaintiff, such liability is attributable, in whole or in part, to the acts, omissions, or obligations of Third-Party Defendant.

V. FACTUAL ALLEGATIONS

1. On or about [__/__/____], [describe the underlying transaction, agreement, relationship, or occurrence connecting Third-Party Plaintiff and Third-Party Defendant].

2. [Describe the relationship between Third-Party Plaintiff and Third-Party Defendant — e.g., contractor/subcontractor, indemnitor/indemnitee, manufacturer/seller, joint actors.]

3. [Describe the conduct, agreement, or duty of Third-Party Defendant that makes it or may make it liable over to Third-Party Plaintiff for all or part of Plaintiff's claim.]

4. The injuries and damages alleged by Plaintiff, if caused by anyone, were caused in whole or in part by the conduct, breach, or fault of Third-Party Defendant, and not by any act or omission of Third-Party Plaintiff.

5. [Add additional numbered factual allegations as necessary.]

VI. THIRD-PARTY CLAIMS

Third-Party Plaintiff incorporates by reference the allegations of the preceding paragraphs as though fully set forth in each Count below.

☐ COUNT I — CONTRACTUAL INDEMNITY

1. Third-Party Plaintiff and Third-Party Defendant entered into a written [contract / agreement / purchase order] dated [__/__/____] (the "Agreement"), which contains an indemnification provision obligating Third-Party Defendant to indemnify, defend, and hold harmless Third-Party Plaintiff against the claims, losses, and liabilities of the type asserted by Plaintiff.

2. The claims asserted by Plaintiff fall within the scope of the indemnification provision.

3. By reason of the Agreement, Third-Party Defendant is liable to indemnify and hold harmless Third-Party Plaintiff for all sums that may be adjudged against Third-Party Plaintiff in favor of Plaintiff, together with attorneys' fees and costs of defense as provided in the Agreement.

☐ COUNT II — EQUITABLE (COMMON-LAW / IMPLIED) INDEMNITY

4. Any liability of Third-Party Plaintiff to Plaintiff is secondary, passive, vicarious, or constructive, while the liability of Third-Party Defendant is primary and active.

5. Under District of Columbia common-law principles of equitable indemnity, where one party's liability is merely derivative or secondary to the active fault of another, the party held secondarily liable is entitled to full indemnity from the party primarily at fault.

6. Third-Party Defendant is therefore obligated to indemnify Third-Party Plaintiff for the full amount of any judgment entered against Third-Party Plaintiff in favor of Plaintiff.

☐ COUNT III — CONTRIBUTION

7. To the extent Third-Party Plaintiff and Third-Party Defendant are determined to be joint tortfeasors jointly or severally liable for the same injury to Plaintiff, Third-Party Defendant is liable to Third-Party Plaintiff for contribution.

8. Under District of Columbia law governing contribution among joint tortfeasors (D.C. Code § 16-2701 et seq. and District of Columbia common law), a tortfeasor who pays more than its pro rata share of a common liability is entitled to contribution from the other tortfeasor(s) in proportion to their respective shares of the common liability.

9. Third-Party Defendant is liable to Third-Party Plaintiff for contribution toward any judgment in favor of Plaintiff, in proportion to Third-Party Defendant's share of the common liability.

☐ COUNT IV — SUBROGATION

10. To the extent Third-Party Plaintiff discharges or is required to discharge an obligation that is, in law or equity, the responsibility of Third-Party Defendant, Third-Party Plaintiff is subrogated to the rights of Plaintiff against Third-Party Defendant.

11. By reason of such subrogation, Third-Party Defendant is liable to Third-Party Plaintiff for all sums Third-Party Plaintiff pays or becomes obligated to pay to Plaintiff.

☐ COUNT V — BREACH OF WARRANTY

12. Third-Party Defendant [sold / supplied / manufactured] the [product / goods / component] that is the subject of Plaintiff's claim and expressly and/or impliedly warranted that the [product / goods / component] was [merchantable / fit for its intended purpose / free from defects / conforming to specifications].

13. The [product / goods / component] failed to conform to the warranties, and that nonconformity is the cause, in whole or in part, of the injuries and damages alleged by Plaintiff.

14. If Third-Party Plaintiff is found liable to Plaintiff on account of the [product / goods / component], Third-Party Defendant is liable to Third-Party Plaintiff for breach of warranty for all or part of such liability, together with consequential damages, attorneys' fees, and costs.

☐ COUNT VI — "LIABLE OVER"

15. If Third-Party Plaintiff is held liable to Plaintiff for any of the matters alleged in the underlying Complaint, such liability arises out of and is caused by the conduct, breach, or fault of Third-Party Defendant.

16. Third-Party Defendant is or may be liable over to Third-Party Plaintiff for all or part of Plaintiff's claim against Third-Party Plaintiff, and Third-Party Plaintiff is entitled to judgment over against Third-Party Defendant for any sums adjudged against Third-Party Plaintiff in favor of Plaintiff.

VII. PRAYER FOR RELIEF

WHEREFORE, Third-Party Plaintiff [DEFENDANT NAME] respectfully requests that this Court:

a. Enter judgment over in favor of Third-Party Plaintiff and against Third-Party Defendant for all or part of any sums that may be adjudged against Third-Party Plaintiff in favor of Plaintiff, by way of indemnity, contribution, subrogation, breach of warranty, and/or "liable over," as proven;

b. Award Third-Party Plaintiff its costs of defense, attorneys' fees, and expenses to the extent permitted by contract or law;

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

d. Tax the costs of this third-party action against Third-Party Defendant; and

e. Grant such other and further relief as the Court deems just and proper.

VIII. DEMAND FOR JURY TRIAL

Pursuant to D.C. Super. Ct. R. Civ. P. 38, Third-Party Plaintiff demands a trial by jury on all issues so triable.

Jury Trial Demanded: ☐ Yes ☐ No

IX. SIGNATURE BLOCK

Respectfully submitted,

____________________________________
[ATTORNEY NAME] (D.C. Bar No. [____________])
[LAW FIRM NAME]
[Address Line 1]
[Address Line 2]
Telephone: [###-###-####]
Email: [[email protected]]
Counsel for Defendant / Third-Party Plaintiff

Date: [__/__/____]

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

Because the Third-Party Defendant is a nonparty, Third-Party Plaintiff must cause a third-party summons to issue and be served together with this Third-Party Complaint in the manner and within the time limits prescribed by D.C. Super. Ct. R. Civ. P. 4. Practice points:

• Obtain issuance of a summons from the Clerk for the Third-Party Defendant and serve it with a copy of this Third-Party Complaint (and copies of the underlying Complaint and Answer) pursuant to Rule 4.
• If this Third-Party Complaint is filed more than 14 days after the original answer, file and have granted a Motion for Leave to File Third-Party Complaint under Rule 14(a)(1) before issuance/service.
• Under Rule 14(a)(2), the Third-Party Defendant must assert any Rule 12 defenses and any compulsory counterclaim under Rule 13(a) against Third-Party Plaintiff, and may assert defenses the Third-Party Plaintiff has against Plaintiff and certain claims against Plaintiff.
• Any party may move under Rule 14(a)(4) to strike the third-party claim, to sever it, or to try it separately.

XI. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [____________], 20[____], a true and correct copy of the foregoing THIRD-PARTY COMPLAINT (together with the third-party summons, where required) was served pursuant to D.C. Super. Ct. R. Civ. P. 5 (as to parties who have appeared) and D.C. Super. Ct. R. Civ. P. 4 (as to the newly added Third-Party Defendant) by:

☐ The Court's electronic filing system (CaseFileXpress / eFileDC)
☐ Personal service / process server (Third-Party Defendant)
☐ Email
☐ First-Class U.S. Mail, postage prepaid
☐ Hand delivery

upon the following:

[THIRD-PARTY DEFENDANT NAME / REGISTERED AGENT]
[Address]
Third-Party Defendant (served with summons under Rule 4)

[PLAINTIFF'S COUNSEL NAME]
[Law Firm]
[Address / Email]
Counsel for Plaintiff

____________________________________
[ATTORNEY NAME]

XII. SOURCES & REFERENCES

• D.C. Super. Ct. R. Civ. P. 14 — Third-Party Practice — https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2014.%20Third-Party%20Practice.pdf
• Rule 14(a)(1) — Timing of the Summons and Complaint ("A defending party may, as third-party plaintiff, serve a summons and complaint, in the manner and within the time limits prescribed by Rule 4, on a nonparty who is or may be liable to it for all or part of the plaintiff's claim against it. But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer.").
• Rule 14(a)(2) — Third-Party Defendant's Claims and Defenses.
• Rule 14(a)(4) — Motion to Strike, Sever, or Try Separately.
• Rule 14(a)(5) — Third-Party Defendant's Claim Against a Nonparty (fourth-party, etc.).
• Rule 14(b) — When a Plaintiff May Bring in a Third Party.
• D.C. Super. Ct. R. Civ. P. 4 — Summons; service of process (and time limits).
• D.C. Super. Ct. R. Civ. P. 8 — General Rules of Pleading.
• D.C. Super. Ct. R. Civ. P. 5 — Serving and Filing Pleadings and Other Papers.
• D.C. Super. Ct. R. Civ. P. 38 — Right to a Jury Trial; Demand.
• D.C. Code § 11-921 — Superior Court civil jurisdiction.
• D.C. Code § 16-2701 et seq. — Contribution among joint tortfeasors.
• D.C. Courts — Superior Court Rules of Civil Procedure — https://www.dccourts.gov/superior-court/rules

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in the District of Columbia must review and customize this document before filing. Rules and citations change; verify all authorities before use. Note that under D.C. Super. Ct. R. Civ. P. 14(a)(1), leave of court by motion is required if the third-party complaint is filed more than 14 days after the third-party plaintiff serves its original answer, and that the third-party summons must be issued and served under Rule 4.