| name | third-party-complaint |
| title | Third-Party Complaint (Impleader) |
| description | Drafts a Third-Party Complaint (impleader) under FRCP 14 or state equivalents. Use when a defendant needs to implead a party for indemnification, contribution, subrogation, or breach of warranty during the pleadings phase. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/third-party-complaint |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
| tags | ["drafting","pleading"] |
Third-Party Complaint (Impleader)
Produces an FRCP 14 / state-equivalent third-party complaint asserting derivative liability against an impleaded party.
Prerequisites
- Original complaint — full copy for Exhibit A and incorporation by reference
- Derivative-liability basis — indemnification contracts, insurance policies, warranties, or common-law indemnity/contribution facts
- Third-party defendant identity — legal name, registered agent, service address
- Jurisdictional facts — party citizenship (diversity), personal-jurisdiction contacts, venue basis
- Timing status — within 14 days of original answer (as of right) or leave required
Workflow
1. Caption & Introduction
- Full court name, division, original case number
- Party designations: Plaintiff; Defendant and Third-Party Plaintiff; Third-Party Defendant
- Title: "THIRD-PARTY COMPLAINT"
- Opening paragraph citing FRCP 14(a) / state rule and purpose of liability shifting
2. Procedural Posture
- Summarize original complaint: claims, theories, relief sought
- State: "The Complaint is attached as Exhibit A and incorporated by reference"
- Note answer date and timeliness of third-party filing
3. Jurisdiction & Venue
| Type | Basis |
|---|
| Subject matter | Federal question, diversity (complete + amount), or supplemental under § 1367 |
| Personal jurisdiction | Contacts, consent, or long-arm statute |
| Venue | § 1391 or applicable state rule |
4. Factual Allegations
Present chronologically. Must establish:
- Relationship between Defendant/TPP and Third-Party Defendant
- Specific agreements creating indemnification/defense/warranty obligations — quote key language verbatim
- Third-Party Defendant's acts or omissions contributing to Plaintiff's alleged harm
- Notice to Third-Party Defendant (dates, method, demands, response)
- Causal chain: TPD conduct → Defendant's exposure → Plaintiff's claims
5. Counts
Structure each as a separate numbered count from applicable theories:
