SDCL tit. 15, ch. 6, app C to SDCL 15-6, form 18

Current through the 2024 Legislative Session

Form 18 - Summons and complaint against third-party defendant

STATE OF SOUTH DAKOTA IN CIRCUIT COURT

COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT

A.B., Plaintiff

vs.

C.D., Defendant and Third-Party SUMMONS

Plaintiff

vs.

E.F., Third-Party Defendant

To the above-named Third-Party Defendant:

You are hereby summoned and required to 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.

____________________________

Attorney for C.D.

Third-Party Plaintiff

STATE OF SOUTH DAKOTA IN CIRCUIT COURT

COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT

A.B., Plaintiff

vs. THIRD-PARTY

C.D., Defendant and Third-Party COMPLAINT

Plaintiff

vs.

E.F., Third-Party Defendant

1. Plaintiff A.B. has filed against defendant C.D. a complaint, a copy of which is hereto attached as "Exhibit A."

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 statement 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.

Signed: ________________________________

Attorney for C.D.

Third-Party Plaintiff

Address: ________________________________

SDCL tit. 15, ch. 6, app C to SDCL 15-6, form 18

SD RCP, Form 18.

Under § 15-6-14(a) a defendant who files a third-party complaint not later than 10 days after serving his original answer need not obtain leave of court to bring in the third-party defendant by service under § 15-6-4. Form 18 is intended for use in these cases.

Under § 15-6-5(a) requiring, with certain exceptions, that papers be served upon all the parties to the action, the third-party defendant, even if he makes no answer to the plaintiff's complaint, is obliged to serve upon the plaintiff a copy of his answer to the third-party complaint. Similarly, the defendant is obliged to serve upon the plaintiff a copy of the summons and complaint against the third-party defendant.