Form of Summons and Complaint Against Third-Party Defendant

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IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant and Third- ) Party Plaintiff ) v. ) ) E.F., ) Third-Party Defendant ) SUMMONS To the above-named third-party defendant: 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. __________________________________ Clerk of court ______________________________________________________________________________ IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant and Third- ) Party Plaintiff ) ) v. ) ) E.F., ) Third-Party Defendant ) THIRD-PARTY COMPLAINT 1. 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." 2. (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.) 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. __________________________________ Attorney for C.D., third-party plaintiff __________________________________ Address

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

RESEARCH REFERENCES

Am. Jur. 2d.

- 61A Am. Jur. 2d, Pleading, § 31 et seq.

20A Am. Jur. Pleading and Practice Forms, Process, § 8.

C.J.S.

- 71 C.J.S., Pleading, § 43 et seq.

ALR.

- Omission of signature of issuing officer on civil process or summons as affecting jurisdiction of the person, 37 A.L.R.2d 928.


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