Maryland Circuit Court Third-Party Complaint (Impleader)

DEFENDANT'S THIRD-PARTY COMPLAINT (IMPLEADER)

Maryland Circuit Court

This form is for Circuit Court cases only. For a District Court case, prepare the third-party claim under Md. Rule 3-332 and check the court's current filing and service instructions. DC-CV-001 is a complaint and affidavit form; DC-CV-002 is a service form, not a third-party complaint form.

IMPORTANT INSTRUCTIONS FOR ATTORNEYS

1. Replace every bracketed placeholder with case-specific information.
2. Authority — Md. Rule 2-332(a). A defendant, as a third-party plaintiff, may cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon a person not a party to the action "who is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant." The person so served becomes a third-party defendant.
3. No leave requirement; motion to strike if late — Md. Rule 2-332(e). Rule 2-332(a) allows a defendant to implead a third party without first obtaining leave of court. If a party files a third-party claim more than 30 days after the time for filing that party's answer, any other party may file, within 15 days of service of the third-party claim, a motion to strike it or to sever it for separate trial. The court "shall grant the motion unless there is a showing that the late filing of the third-party claim does not prejudice other parties to the action." File the third-party complaint with the Answer or promptly thereafter to avoid this exposure.
4. Answer deadline — Circuit Court: Rule 2-321(a) ordinarily allows 30 days after service, but Rule 2-321(b) provides longer periods in specified circumstances, including 60 days for a defendant served outside Maryland but within the United States. Rule 2-332(e) measures its 30-day window from the time for filing that party's answer. Determine the applicable answer deadline before calculating the third-party filing window.
5. Third-party summons — Md. Rule 2-112 / 2-121. A new summons must be issued and served on the Third-Party Defendant as in an original action, together with copies of all prior pleadings and papers (Rule 2-332(a)). Personal service is governed by Md. Rule 2-121.
6. Basis of impleader. The third-party claim must be derivative — i.e., a claim that the Third-Party Defendant is or may be liable over to the Third-Party Plaintiff for all or part of the original claim (indemnity, contribution, subrogation, breach of warranty, or other "liable over" theory). It is not a vehicle for an unrelated direct claim.
7. Contribution among tort-feasors. Md. Code, Cts. & Jud. Proc. § 3-1401 et seq. (Maryland Uniform Contribution Among Joint Tort-Feasors Act) governs contribution among joint tort-feasors.
8. Electronic Filing: MDEC (Maryland Electronic Courts) is statewide. Attorneys filing in Maryland circuit courts generally must file electronically under Md. Rule 20-106, subject to the rule's exceptions.
9. Remove all instructional notes before filing.

CAPTION

IN THE CIRCUIT COURT FOR [____________] COUNTY, MARYLAND

Civil Action No.: [____________]

DEFENDANT'S THIRD-PARTY COMPLAINT

Defendant [DEFENDANT NAME] ("Third-Party Plaintiff"), by and through undersigned counsel, and pursuant to Maryland Rule 2-332, files this Third-Party Complaint against [THIRD-PARTY DEFENDANT NAME] ("Third-Party Defendant"), and in support states as follows:

I. PARTIES

1.1. Third-Party Plaintiff [DEFENDANT NAME] is the Defendant in the above-captioned action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [____________], with a [residence / principal place of business] in [____________] County, Maryland.

1.2. Plaintiff [PLAINTIFF NAME] is the Plaintiff in the above-captioned action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [____________].

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

1.4. Basis for impleader. Pursuant to Md. Rule 2-332(a), Third-Party Defendant is or may be liable to Third-Party Plaintiff for all or part of Plaintiff's claim against Third-Party Plaintiff, as more fully alleged below.

II. JURISDICTION AND VENUE

2.1. This Court has subject-matter jurisdiction over this Third-Party Complaint, which is ancillary to the pending civil action and asserts claims within the jurisdiction of the Circuit Court.

2.2. Venue is proper in this Court under Md. Code, Cts. & Jud. Proc. § 6-201 et seq. because the original action is pending here [and/or Third-Party Defendant resides or carries on a regular business here / the cause of action arose here].

2.3. This Court has personal jurisdiction over Third-Party Defendant because Third-Party Defendant [is a Maryland resident / transacts business in Maryland / committed acts within Maryland giving rise to this claim / is subject to the Maryland long-arm statute, Md. Code, Cts. & Jud. Proc. § 6-103].

III. SUMMARY OF THE UNDERLYING ACTION

3.1. On or about [__/__/____], Plaintiff filed a Complaint against Third-Party Plaintiff (Defendant) in this Court, alleging [summarize Plaintiff's claims — e.g., breach of contract, negligence, property damage, personal injury].

3.2. Plaintiff seeks damages from Third-Party Plaintiff in the amount of $[____________], together with interest, costs, and other relief.

3.3. Third-Party Plaintiff denies liability to Plaintiff and has filed [or will file] an Answer asserting its defenses. This Third-Party Complaint is filed without waiver of, and subject to, all such defenses.

3.4. To the extent Third-Party Plaintiff is found liable to Plaintiff, such liability is, in whole or in part, attributable to the conduct, breach, or obligations of Third-Party Defendant, as alleged below.

IV. FACTUAL ALLEGATIONS

4.1. [State the operative facts establishing the relationship between Third-Party Plaintiff and Third-Party Defendant — e.g., contract, subcontract, indemnity agreement, sale of goods, joint conduct.]

4.2. On or about [__/__/____], Third-Party Plaintiff and Third-Party Defendant [entered into / engaged in] [describe agreement, transaction, or relationship].

4.3. [Describe the conduct, breach, or obligation of Third-Party Defendant that gives rise to the derivative liability — i.e., why the Third-Party Defendant is or may be liable over to the Third-Party Plaintiff.]

4.4. [____________]

4.5. The injuries or damages, if any, alleged by Plaintiff were caused, in whole or in part, by the acts or omissions of Third-Party Defendant and not by any act or omission of Third-Party Plaintiff.

V. THIRD-PARTY CLAIMS

☐ COUNT I — CONTRACTUAL INDEMNITY (Against Third-Party Defendant)

5.1. Third-Party Plaintiff re-alleges and incorporates Paragraphs 1.1 through 4.5 as though fully set forth herein.

5.2. Third-Party Plaintiff and Third-Party Defendant entered into a written agreement dated [__/__/____] that contains an express indemnification provision (the "Indemnity Provision"), a true and correct copy of which is attached as Exhibit A and incorporated by reference.

5.3. Under the Indemnity Provision, Third-Party Defendant agreed to indemnify, defend, and hold harmless Third-Party Plaintiff against the claims, losses, and liabilities of the type asserted by Plaintiff in this action.

5.4. The claims asserted by Plaintiff fall within the scope of the Indemnity Provision. Third-Party Defendant is therefore obligated to indemnify Third-Party Plaintiff for all or part of any judgment, together with costs and reasonable attorneys' fees.

☐ COUNT II — EQUITABLE (IMPLIED) INDEMNITY (Against Third-Party Defendant)

5.5. Third-Party Plaintiff re-alleges and incorporates the foregoing paragraphs.

5.6. Any liability of Third-Party Plaintiff to Plaintiff is or would be passive, secondary, vicarious, or constructive, while the active, primary, and direct fault, if any, rests with Third-Party Defendant.

5.7. Under Maryland common-law principles of implied indemnity, Third-Party Defendant is obligated to indemnify Third-Party Plaintiff for the entire amount of any judgment entered in favor of Plaintiff against Third-Party Plaintiff.

☐ COUNT III — CONTRIBUTION (Against Third-Party Defendant)

5.8. Third-Party Plaintiff re-alleges and incorporates the foregoing paragraphs.

5.9. In the alternative, if Third-Party Plaintiff and Third-Party Defendant are determined to be joint tort-feasors jointly liable to Plaintiff for the same injury, Third-Party Plaintiff is entitled to contribution from Third-Party Defendant for Third-Party Defendant's pro rata share of any common liability under the Maryland Uniform Contribution Among Joint Tort-Feasors Act, Md. Code, Cts. & Jud. Proc. § 3-1401 et seq.

5.10. Third-Party Plaintiff is or will be entitled to recover from Third-Party Defendant any amount Third-Party Plaintiff pays in excess of its pro rata share of the common liability.

☐ COUNT IV — SUBROGATION (Against Third-Party Defendant)

5.11. Third-Party Plaintiff re-alleges and incorporates the foregoing paragraphs.

5.12. To the extent Third-Party Plaintiff discharges an obligation that is properly that of Third-Party Defendant, Third-Party Plaintiff is subrogated to the rights of Plaintiff against Third-Party Defendant and is entitled to recover from Third-Party Defendant the amount so paid.

☐ COUNT V — BREACH OF WARRANTY (Against Third-Party Defendant)

5.13. Third-Party Plaintiff re-alleges and incorporates the foregoing paragraphs.

5.14. Third-Party Defendant [supplied goods / performed work / made representations] subject to express and/or implied warranties, including the warranties of [merchantability / fitness for a particular purpose / workmanlike performance / conformity to specification].

5.15. Third-Party Defendant breached those warranties, and to the extent Plaintiff's claimed damages arise from that breach, Third-Party Defendant is liable over to Third-Party Plaintiff for all or part of any judgment.

☐ COUNT VI — "LIABLE OVER" / DERIVATIVE LIABILITY (Against Third-Party Defendant)

5.16. Third-Party Plaintiff re-alleges and incorporates the foregoing paragraphs.

5.17. By reason of the parties' agreement, their respective roles in the underlying events, and/or operation of law, if Third-Party Plaintiff is found liable to Plaintiff, that liability arose from the conduct of Third-Party Defendant, and Third-Party Defendant is liable over to Third-Party Plaintiff for all or part of any judgment, together with costs and attorneys' fees.

VI. PRAYER FOR RELIEF

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

A. Enter judgment in favor of Third-Party Plaintiff and against Third-Party Defendant for indemnification, contribution, subrogation, and/or all other relief by which Third-Party Defendant is liable over to Third-Party Plaintiff;

B. Adjudge that Third-Party Defendant is liable to Third-Party Plaintiff for all or part of any judgment that may be entered in favor of Plaintiff against Third-Party Plaintiff in the original action;

C. Award Third-Party Plaintiff the costs of defending the original action and this third-party action, including reasonable attorneys' fees as permitted by law or contract;

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

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

VII. JURY DEMAND

(Select one — Md. Rule 2-325)

☐ Third-Party Plaintiff demands a trial by jury on all issues so triable.

☐ Third-Party Plaintiff does not demand a jury trial at this time.

SIGNATURE BLOCK

Respectfully submitted,

[FIRM NAME]

[STREET ADDRESS]
[CITY], Maryland [ZIP]
Telephone: [____________]
Email: [____________]

By: ________________________________________
[ATTORNEY NAME]
AIS / Bar No.: [____________]
Attorney for Defendant / Third-Party Plaintiff [____________]

Date: [__/__/____]

NOTE ON ISSUANCE AND SERVICE OF THIRD-PARTY SUMMONS

Upon filing this Third-Party Complaint, request the Clerk to issue a third-party summons (Md. Rule 2-112) directed to the Third-Party Defendant. Under Md. Rule 2-332(a), the summons and Third-Party Complaint must be served on the Third-Party Defendant together with copies of all pleadings, scheduling notices, court orders, and other papers previously filed in the action. Effect service in personam under Md. Rule 2-121 (personal delivery, leaving at dwelling with a resident of suitable age and discretion, or certified mail restricted delivery). The Third-Party Defendant must respond as provided in Md. Rules 2-322 and 2-323 (Rule 2-332(b)).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [____] day of [____________], [____], a copy of the foregoing Defendant's Third-Party Complaint was served on existing parties or their counsel under Md. Rule 1-321 by [METHOD AND RECIPIENTS]. The new Third-Party Defendant must separately receive the third-party summons, this Complaint, and the prior case papers required by Md. Rule 2-332(a), through original process under Md. Rule 2-121. The return or affidavit of that service is [ATTACHED / TO BE FILED].

Existing parties under Rule 1-321:

☐ MDEC electronic service

☐ First-class mail, postage prepaid

☐ Hand delivery

New Third-Party Defendant under Rules 2-332(a) and 2-121:

☐ Personal service / private process server

☐ Certified mail, restricted delivery

addressed as follows:

[PLAINTIFF'S COUNSEL — NAME, FIRM, ADDRESS, EMAIL]

[THIRD-PARTY DEFENDANT — NAME, ADDRESS]

________________________________________
[ATTORNEY NAME]

MARYLAND PRACTICE NOTES

• No leave requirement. Md. Rule 2-332(a) does not require advance leave to file a third-party complaint. A late claim can be challenged by a motion to strike or sever under Rule 2-332(e).
• 30-day timing trap. A third-party claim filed more than 30 days after the time for filing the answer is subject to a motion to strike or sever (filed within 15 days of service); the court must grant the motion unless the filer shows the late filing does not prejudice other parties. Md. Rule 2-332(e). File early.
• Plaintiff's claim against the third party — Rule 2-332(c). Once a third party is impleaded, the plaintiff must assert any claim it has against the third-party defendant arising out of the same transaction or occurrence, or be barred from later asserting it in a separate action. This rule does not apply if the third-party claim is stricken under Rule 2-332(e).
• Further impleader — Rule 2-332(d). A third-party defendant may itself implead any person who is or may be liable to it for all or part of the claim. When a counterclaim is asserted against a plaintiff, the plaintiff may implead under the same circumstances.
• Health-care malpractice cases. For third-party practice in health care malpractice claims, see the cross-reference in Rule 2-332 to Md. Code, Cts. & Jud. Proc. § 3-2A-04.
• Contribution measure. Under § 3-1401 et seq., the right of contribution exists among joint tort-feasors, and recovery is limited to the amount paid in excess of the tort-feasor's pro rata share.

SOURCES AND REFERENCES

• Maryland Rules, Title 2 — Civil Procedure — Circuit Court: https://www.courts.state.md.us/rules
• Md. Rule 2-332 — Third-Party Practice (text current through March 1, 2026): https://govt.westlaw.com/mdc/Document/N5B30D9909CEA11DB9BCF9DAC28345A2A
• Md. Rule 2-321 — Time for Filing Answer
• Md. Rule 2-112 — Issuance of Summons
• Md. Rule 2-121 — Process — Service In Personam
• Md. Rule 2-325 — Jury Trial
• Md. Rule 1-321 — Service of Pleadings and Papers Other Than Original Pleadings
• Md. Code, Cts. & Jud. Proc. § 3-1401 et seq. — Uniform Contribution Among Joint Tort-Feasors Act
• Md. Code, Cts. & Jud. Proc. § 6-201 et seq. — Venue
• Md. Code, Cts. & Jud. Proc. § 3-2A-04 — Health Care Malpractice Claims (third-party practice cross-reference)
• MDEC Electronic Filing: https://mdcourts.gov/mdec

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Maryland must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities against the current Maryland Rules before use.