9-11-14
Code Resources
Georgia Resources
Georgia Website
Georgia Governor
Georgia Legislature
Georgia Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
9-11-14.
(a)
When defendant may
bring in third party. At any time after
commencement of the action a defendant, 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 him for all or part of the plaintiff´s claim against
him. The third-party plaintiff need not obtain leave to make the service if he
files the third-party complaint not later than ten days after he serves his
original answer. Otherwise he must obtain leave on motion upon notice to all
parties to the action. The person served with the summons and third-party
complaint, hereinafter called the third-party defendant, shall make his defenses
to the third-party plaintiff´s claim as provided in Code Section 9-11-12
and his counterclaims against the third-party plaintiff and cross-claims against
other third-party defendants as provided in Code Section 9-11-13. The
third-party defendant may assert against the plaintiff any defenses which the
third-party plaintiff has to the plaintiff´s claim. The third-party
defendant may also assert any claim against the plaintiff arising out of the
transaction or occurrence that is the subject matter of the plaintiff´s
claim against the third-party plaintiff. The plaintiff may assert any claim
against the third-party defendant arising out of the transaction or occurrence
that is the subject matter of the plaintiff´s claim against the third-party
plaintiff, and the third-party defendant thereupon shall assert his defenses as
provided in Code Section 9-11-12 and his counterclaims and cross-claims as
provided in Code Section 9-11-13. Any party may move to strike the third-party
claim, or for its severance or separate trial. A third-party defendant may
proceed under this Code section against any person not a party to the action who
is or may be liable to him for all or part of the claim made in the action
against the third-party defendant.
(b)
When plaintiff may
bring in third party. When a counterclaim
is asserted against a plaintiff, he may cause a third party to be brought in
under circumstances which under this Code section would entitle a defendant to
do so.
(c)
Exhibits attached to
third-party complaint. Any third-party
complaint filed shall have attached thereto, as exhibits, a true and correct
copy of the original complaint in the action and all other pleadings which have
been filed in the action prior to the filing of the third-party complaint.