§ 16-61-207 - Third party practice -- Amended complaints -- Counterclaims and cross-complaints -- Motion practice.
16-61-207. Third party practice -- Amended complaints -- Counterclaims and cross-complaints -- Motion practice.
(1) Before answering, a defendant seeking contribution in a tort action may move ex parte or, after answering, on notice to the plaintiff, for leave as a third party plaintiff to serve a summons and complaint upon a person not a party to the action who is or may be liable as a joint tortfeasor to him or her to the plaintiff for all or part of the plaintiff's claim against him or her. If the motion is granted and the summons and complaint are served, the person so served, hereinafter called the third party defendant, shall make his or her defense to the complaint of the plaintiff and to the third party complaint in the same manner as defenses are made by an original defendant to an original complaint. The third party defendant may assert any defenses which the third party plaintiff has to the plaintiff's claim. The plaintiff may amend his or her pleadings to assert against the third party defendant any claim which the plaintiff might have asserted against the third party defendant had he or she been joined originally as a defendant. The third party defendant is bound by the adjudication of the third party plaintiff's liability to the plaintiff as well as of his or her own liability to the plaintiff and to the third party plaintiff. A third party defendant may proceed under this section against any person not a party to the action who is or may be liable as a joint tortfeasor to him or her or to the third party plaintiff for all or part of the claim made in the action against the third party defendant.
(2) When a counterclaim is asserted against a plaintiff he or she may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so.
(3) A pleader may either (a) state as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or (b) move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors one (1) of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof. If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution.
(4) The court may render such judgments, one (1) or more in number, as may be suitable under the provisions of this subchapter.
(5) As among joint tortfeasors against whom a judgment has been entered in a single action, the provisions of 16-61-202(4) apply only if the issue of proportionate fault is litigated between them by cross-complaint in that action.
(6) In the event plaintiff or defendant fails to serve third parties in such time and manner as may be required for third parties to be brought in and for service on the same to have matured on the day set for the original proceedings between the original parties, such failure shall not delay prosecution of proceedings between the original parties or impair the original defendant's right of contribution.