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12 Cards in this Set
- Front
- Back
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What is "impleader"?
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A procedural device used by D to join another party alleged to be liable in whole or in part to D for damages that D may have to pay P.
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What are the usual claims in "impleader"(2) ?
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1. Indemnity
2. Contribution |
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Impleader enables D to join another party as a:
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Third-party defendant (TPD)
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In relation to TPD, D is referred to as a:
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third-party plaintiff
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When can D implead a TPD?
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Any time after D serves the answer to the complaint (no need for court order or motion)
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What are the steps for joining a TPD?
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1. File a summons and 3rd party complaint
2. Within 120 days of filing, D must serve a copy of the summons and 3rd party complaint on the 3rd party D. |
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Plaintiff is entitled to a copy of:
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All papers served on TPD
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TPD must serve:
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a third party answer on D, P, and all other parties who have appeared in the action.
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TPD's time limit for answering is:
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the same as would apply to an ordinary D: 20 or 30 days depending on where and how TPD was served with process
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After TPD is joined, P may:
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amend her complaint to assert a claim directly against TPD, making TPD an additional D in P's action
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When can P amend complaint to assert charges against 3PD?
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20 days of 3PD answer; OR after 20 days if court gives permission
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Do statue of limitations constrict P's time line to amend?
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Yes. Either:
1) Amendment must occur within SL for claim being asserted by P against 3PD; OR 2) If P's claim arising from same transaction as D's impleader claim, P just has to have claim within SL on date of impleader |
