§ FORM 22. Motion to Bring in Third-Party Defendant
FORM 22. 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.
Address: ________________________________________________________________________________
Notice of Motion
(Contents the same as in Form 19. No notice is necessary if the motion is made before the moving defendant has served his answer.)
Exhibit A
CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA
Civil Action, File No. ________________________________________________________________________________
A.B., Plaintiff
)
v.
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C.D., Defendant and Third-Party
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)
Summons
Plaintiff
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v.
)
E.F., Third-Party Defendant
)
To the above-named Third-Party Defendant:
IN THE NAME OF THE STATE OF WEST VIRGINIA, you are hereby summoned and required to serve upon _______, plaintiff's attorney, whose address is _______, and upon _______, attorney for C.D., defendant and third-party plaintiff, whose address is _______, an answer, including any related counterclaim you may have, to the third-party complaint filed against you in the above-styled civil action, a true copy of which is herewith delivered to you.
You may also serve upon _______, plaintiff's attorney, an answer to the plaintiff's complaint in the above-styled civil action, a true copy of which is herewith delivered to you. You may assert in your answer any claim you may have against the plaintiff which is related to the subject matter of his complaint.
You are required to serve your answer to the third-party complaint within _______ days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint and you will be thereafter barred from asserting in another action any claim you may have which must be asserted by counterclaim in the above-styled civil action.
________________________________________________________________________________
Clerk of Court
Dated _______
CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA
Civil Action, File No. ________________________________________________________________________________
A.B., Plaintiff
)
v.
)
C.D., Defendant and Third-Party
)
)
Third-Party Complaint
Plaintiff
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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: ________________________________________________________________________________