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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 11. CIVIL PRACTICE ACT · Article 10. FORMS

9-11-122. Form of summons and complaint against third-party defendant.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. IN THE COURT OF COUNTY

  2. STATE OF GEORGIA

  3. A.B., )

  4. Plaintiff )

  5. )

  6. v. ) Civil action

  7. ) File no.

  8. C.D., )

  9. Defendant and Third- )

  10. Party Plaintiff )

  11. v. )

  12. )

  13. E.F., )

  14. Third-Party Defendant )

  15. SUMMONS

  16. To the above-named third-party defendant:

  17. You are hereby summoned and required to file with the clerk of said court and serve upon , plaintiff’s attorney whose address is , and upon , who is attorney for C.D., defendant and third-party plaintiff, and whose address is , an answer to the third-party complaint which is herewith served upon you, within 30 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer.

  18. Clerk of court IN THE COURT OF COUNTY

  19. STATE OF GEORGIA

  20. A.B., )

  21. Plaintiff )

  22. )

  23. v. ) Civil action

  24. ) File no.

  25. C.D., )

  26. Defendant and Third- )

  27. Party Plaintiff )

  28. )

  29. v. )

  30. )

  31. E.F., )

  32. Third-Party Defendant )

  33. THIRD-PARTY COMPLAINT

  34. 1.

  35. Plaintiff, A.B., has filed against defendant, C.D., a complaint, a copy of which is hereto attached as ‘‘Exhibit A.’’ A copy of all other pleadings filed prior to the filing of this third-party complaint is hereto attached as ‘‘Exhibit B.’’

  36. 2.

  37. (Here state the grounds upon which C.D. is entitled to recover from E.F. all or part of what A.B. may recover from C.D. The statements should be framed as in an original complaint.)

  38. Wherefore, C.D. demands judgment against third-party defendant E.F. for all sums that may be adjudged against defendant C.D. in favor of plaintiff A.B.

  39. Attorney for C.D., third-party plaintiff Address

Reading note: the printed indentation of one or more subsections was ambiguous, so their nesting is the extractor's best reading. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1966, p. 609, § 124; Ga. L. 1969, p. 979, § 2.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch11-(v7)-2015-pdf.pdf, Volume V7, 2015 edition, pages 1075 to 1076; merge action: carried; file SHA-256 3e6a3f858b06.