2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 9-11-14. Third-Party Practice

1. 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.
2. 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.
3. 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.

(Ga. L. 1966, p. 609, § 14; Ga. L. 1969, p. 979, § 1; Ga. L. 1984, p. 22, § 9.)

- Venue in third-party practice, Ga. Const. 1983, Art. VI, Sec. II, Para. VII, § 9-10-34.

Conclusive effect of judgment on person vouched into court by defendant, § 9-10-13.

Form of summons and complaint directed toward third-party defendant, § 9-11-122.

Right to contribution among joint trespassers; effect of settlement, § 51-12-32.

- For provisions of Federal Rules of Civil Procedure, Rule 14, see 28 U.S.C.

- For article discussing counterclaims and cross-claims under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 205 (1967). For article discussing aspects of third-party practice (impleader) under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 355 (1968). For article, "Current Problems with Venue in Georgia," see 12 Ga. St. B.J. 71 (1975). For article, "Third-Party Practice in Georgia: A Decade of Experience Under the Civil Practice Act," see 13 Ga L. Rev. 13 (1978). For article surveying judicial and legislative developments in Georgia's tort laws, see 31 Mercer L. Rev. 229 (1979). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For note criticizing strict venue requirement that third-party defendants be impleaded in the counties of their residence in light of Register v. Stone's Independent Oil Distribs., Inc., 227 Ga. 123, 179 S.E.2d 68 (1971), see 23 Mercer L. Rev. 667 (1972). For note advocating modification of constitutional venue provisions so as to avoid limitations on applicability of joinder and impleader provisions of Civil Practice Act, see 11 Ga. L. Rev. 546 (1977). For note, "Contribution Among Joint Tortfeasors," see 12 Ga. L. Rev. 553 (1978). For comment on Register v. Stone's Independent Oil Distribs., Inc., 227 Ga. 123, 179 S.E.2d 68 (1971), see 8 Ga. St. B.J. 428 (1972). For comment discussing Georgia law as to a defendant's right to bring in any party responsible to him for damages sought by the plaintiff, and comparing the approach of Dole v. Dow Chem. Co., 30 N.Y.2d 143, 282 N.E.2d 288, 331 N.Y.S.2d 382 (1972), see 24 Mercer L. Rev. 697 (1973).

ANALYSIS

• General Consideration
• Third-Party Pleadings
• Third-Party Defendants
• Motions
• Venue

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parties, §§ 108, 241, 242, 257 et seq.

19 Am. Jur. Pleading and Practice Forms, Parties, § 276. 20A Am. Jur. Pleading and Practice Forms, Process, § 1 et seq.

- 35A C.J.S., Federal Civil Procedure, § 141 et seq. 67A C.J.S., Parties, §§ 63, 64.

- Right of one brought into action as a party by original defendant upon the ground that he is or may be liable to the latter in respect of the matter in suit, to raise or contest issues with plaintiff, 78 A.L.R. 327.

Right of defendant in action for personal injury or death to bring in a joint tort-feasor not made a party by plaintiff, 78 A.L.R. 580; 132 A.L.R. 1424.

Rule 14 of the Federal Civil Procedure Rules, which permits defendant to bring in as a party a third person liable in whole or in part for the claim made against the former, as applicable or as applied in actions in which the jurisdiction of the federal court is dependent upon diversity of citizenship, 148 A.L.R. 1182.

Right of defendant to bring in third person asserted to be solely liable to plaintiff, 168 A.L.R. 600.

Right of defendant in action for personal injury or death to bring in joint tort-feasor for purpose of asserting right of contribution, 11 A.L.R.2d 228; 95 A.L.R.2d 1096.

Appealability of order with respect to motion for joinder of additional parties, 16 A.L.R.2d 1023.

Right of retailer sued by consumer for breach of implied warranty of wholesomeness or fitness of food or drink, to bring in as a party defendant the wholesaler or manufacturer from whom article was procured, 24 A.L.R.2d 913.

Claim for contribution or indemnification from another tort-feasor as within provisions of statute or ordinance requiring notice of claim against municipality, 93 A.L.R.2d 1385.

Tort claim against which period of statute of limitations has run as subject of setoff, counterclaim, cross bill, or cross action in tort action arising out of same accident or incident, 72 A.L.R.3d 1065.

Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - products liability cases, 93 A.L.R.6th 463.

Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - wrongful death cases, 94 A.L.R.6th 111.

Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - medical malpractice cases against physicians and other individual health care providers, 95 A.L.R.6th 85.