State Court Third-Party Complaint (Impleader) - Delaware
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [____________] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant and Third-Party Plaintiff |
| [THIRD-PARTY DEFENDANT NAME], | Third-Party Defendant |
C.A. No.: [____________]
[DEFENDANT NAME]'S THIRD-PARTY COMPLAINT AGAINST [THIRD-PARTY DEFENDANT NAME]
Defendant and Third-Party Plaintiff [NAME] states as follows:
PARTIES AND UNDERLYING ACTION
-
Plaintiff [NAME] filed the Complaint in this Action on [DATE], alleging [IDENTIFY RELEVANT CLAIM AGAINST THIRD-PARTY PLAINTIFF].
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Third-Party Plaintiff [NAME] is a defendant in the Action and [DESCRIBE ITS POSITION ON THE UNDERLYING CLAIM WITHOUT AN UNSUPPORTED BLANKET DENIAL].
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Third-Party Defendant [NAME] is a person or entity not already a party to the Action. [STATE FACTS SUPPORTING THIS COURT'S JURISDICTION OVER THAT PERSON OR ENTITY.]
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Third-Party Plaintiff served its original answer on [DATE]. [THIS COMPLAINT WAS FILED WITHIN TEN DAYS OF THAT SERVICE / THE COURT GRANTED LEAVE TO FILE THIS COMPLAINT BY ORDER ENTERED ON DATE, DOCKET NUMBER].
COMMON FACTS
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[DESCRIBE THE TRANSACTION, EVENT, CONTRACT, OR RELATIONSHIP THAT CONNECTS THE UNDERLYING CLAIM TO THE THIRD-PARTY DEFENDANT.]
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[STATE WHAT THIRD-PARTY DEFENDANT DID OR FAILED TO DO, WITH RELEVANT DATES AND ACTORS.]
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[STATE HOW THOSE FACTS COULD MAKE THE THIRD-PARTY DEFENDANT LIABLE TO THIRD-PARTY PLAINTIFF FOR ALL OR PART OF PLAINTIFF'S CLAIM.]
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[ADD SEPARATE NUMBERED PARAGRAPHS FOR OTHER MATERIAL FACTS.]
COUNT I — [NAME OF SUBSTANTIVE CLAIM AGAINST THIRD-PARTY DEFENDANT]
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Third-Party Plaintiff incorporates paragraphs [SPECIFY RELEVANT PARAGRAPHS] above.
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[IDENTIFY THE CONTRACT TERM, STATUTE, OR OTHER SUBSTANTIVE LEGAL BASIS FOR THE CLAIM.]
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[PLEAD THE FACTS THAT SATISFY THE CLAIM'S REQUIREMENTS AND CONNECT THE CLAIM TO PLAINTIFF'S CLAIM AGAINST THIRD-PARTY PLAINTIFF.]
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If Third-Party Plaintiff is liable to Plaintiff for [IDENTIFY UNDERLYING CLAIM], Third-Party Defendant [IS / MAY BE] liable to Third-Party Plaintiff for [DESCRIBE ALL OR PART OF THAT LIABILITY AND THE GROUNDS].
PRAYER FOR RELIEF
Third-Party Plaintiff asks the Court to enter judgment against Third-Party Defendant [NAME] for [STATE RELIEF SUPPORTED BY THE PLEADED CLAIM], award costs where appropriate, and grant further relief the Court finds proper. If seeking unliquidated money damages, demand them generally and specifically state any items of special damage under Del. Super. Ct. Civ. R. 9(g).
Date: [__/__/____]
Respectfully submitted,
Signature: ___________________________
[ATTORNEY NAME], Delaware Bar No. [______]
[FIRM, ADDRESS, TELEPHONE, EMAIL]
Attorney for Defendant and Third-Party Plaintiff [NAME]
CERTIFICATE OF SERVICE ON EXISTING PARTIES
I certify that on [DATE], I served this Third-Party Complaint on [COUNSEL OR EXISTING PARTY NAMES] by [ACTUAL METHOD] at [SERVICE DESTINATIONS], in accordance with Del. Super. Ct. Civ. R. 5(b), (f).
Signature: ___________________________
[ATTORNEY OR PARTY NAME]
SOURCES AND REFERENCES
- Delaware Superior Court Civil Rules, current official compilation: Rules 4(a), 5(b), 5(f), 8(a), 9(g), 10(a)-(b), 11(a), and 14(a).
About this template
- Last updated
- October 4, 2026
- Citations checked
- October 4, 2026
- Jurisdiction
- Delaware
- Category
- Litigation & Court Documents
Legal authority
- Del. Super. Ct. Civ. R. 14(a) (Third-Party Practice)
- Del. Super. Ct. Civ. R. 4(a) (Issuance of Process)
- Del. Super. Ct. Civ. R. 8(a), 9(g), 10(a)-(b) (Pleading and Form)
- Del. Super. Ct. Civ. R. 5(b), (f), 11(a) (Service, Proof, and Signature)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 4, 2026.
Del. Super. Ct. Civ. R. 14(a) (checked October 4, 2026): "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."
Del. Super. Ct. Civ. R. 14(a) (checked October 4, 2026): "The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than 10 days after serving the original answer. Otherwise, the third-party plaintiff must obtain leave on motion upon notice to all parties to the action."
Del. Super. Ct. Civ. R. 4(a) (checked October 4, 2026): "Upon the commencement of an action, the party requesting the issuance of process shall prepare a form thereof for signature by the Prothonotary under the seal of the Court."
Del. Super. Ct. Civ. R. 8(a) (checked October 4, 2026): "A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief and (2) a demand for judgment for the relief to which the party deems itself entitled."
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