Colorado

Civil Procedure

Form 18 – Motion to Bring in Third-party Defendant

Defendant moves for leave to make E. F. a party to this action and that there be served upon him summons and third-party complaint as set forth in Exhibit A hereto attached.

Signed:

Attorney for Defendant C.D.

Notice of Motion

(Contents the same as in Form 15. No notice is necessary if the motion is made before the moving defendant has served his answer.)

SUMMONS

[Insert caption A from page ______ with the following designation of parties]

A.B.,

Plaintiff:

v.

C.D.

Defendant and

Third-party Plaintiff:

v.

E.F.,

Third-party Defendant:

THE PEOPLE OF THE STATE OF COLORADO:

TO the above-named third-party defendant, GREETINGS:

You are hereby summoned and required to file with the clerk an answer to the third-party complaint, a copy of which is herewith served upon you, within 20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken against you for the relief demanded in the third-party complaint.

If service upon you is made outside the State of Colorado, you are required to file your answer to said third-party complaint within 30 days after service of this summons upon you.*

There is also served upon you herewith a copy of the complaint of the plaintiff which you may answer.

Dated ________, 20___.

Clerk of the ______Court Attorney for Third-party Plaintiff

*If body execution is sought the summons must state the claim set out in said third-party complaint is “founded upon tort”.

THIRD PARTY COMPLAINT

[Insert caption A from page ______ with the following designation of parties]

A.B.

Plaintiff:

v.

C.D.,

Defendant and

Third-party Plaintiff:

v.

E. F.,

Third-party Defendant:

1. Plaintiff A. B. has filed against defendant C. D. a complaint, a copy of which is hereto attached as Exhibit C.

2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.)

Wherefore C. D. demands judgment against third-party defendant E. F. for all sums that may be adjudged against defendant C. D. in favor of plaintiff A. B.

Signed:

Attorney for C.D., Third-party Plaintiff

Address of Third-party Plaintiff: