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

Chapter 11. Civil Practice Act · Article 10. Forms · Last amended 1969 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-122 provides sample forms for a defendant to bring in a third-party defendant, pairing a summons requiring an answer within 30 days with a third-party complaint alleging that the new party owes the original defendant all or part of whatever the plaintiff may recover.

Full Text of § 9-11-122

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IN THE ______________________ COURT OF ______________________ COUNTY

A.B., STATE OF GEORGIA

Plaintiff ) ) v. ) ) Civil action C.D., ) File no.______________________ ) 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

A.B., STATE OF GEORGIA ) C.D., Plaintiff ) E.F., v. ) ) Civil action Defendant and Third- ) File no.______________________ Party Plaintiff ) v. ) ) 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

End

Plain-English Summary

A defendant who suspects someone else bears some or all of the true responsibility for a claim does not have to wait to sue that person separately after losing the case. This form shows how the defendant pulls the third party directly into the pending lawsuit.

The Summons is addressed to the third-party defendant and requires filing an answer with the clerk and serving copies on both the plaintiff’s attorney and the third-party plaintiff’s attorney within 30 days. A copy of the original complaint travels along with it for information, but the form makes clear the third-party defendant “may but are not required to answer” that original complaint directly.

The Third-Party Complaint that follows opens by identifying the original complaint, attached as Exhibit A, and any other pleadings already filed, attached as Exhibit B. The second paragraph is left blank for the grounds on which the original defendant is entitled to recover from the third-party defendant all or part of what the plaintiff may recover from the original defendant — grounds the form says should be framed the way an original complaint would be. The closing demand asks for judgment against the third-party defendant covering whatever sums may ultimately be assessed against the original defendant.

Structurally, this section stands apart from the rest of the article: it packages two separate documents, a summons and a complaint, together as a single illustrative pair for what Georgia’s Civil Practice Act calls third-party practice.

Frequently Asked Questions

Who does the summons in this form target?

The third-party defendant — the new party the original defendant wants to bring into the existing lawsuit.

Is the third-party defendant required to answer the original plaintiff’s complaint?

No. A copy is served for information, but the form states the third-party defendant “may but are not required to answer” it.

What must the third-party complaint allege?

The grounds on which the original defendant is entitled to recover from the third-party defendant all or part of what the plaintiff may recover from the original defendant.

What documents does the third-party complaint attach?

The original complaint as Exhibit A and copies of any other pleadings filed before the third-party complaint as Exhibit B.

What relief does the original defendant seek against the third-party defendant?

Judgment for whatever sums may ultimately be assessed against the original defendant in favor of the plaintiff.

Amendment History

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

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

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