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Texas Civil Practice & Remedies Code - Section 33.004. Designation Of Responsible Third Party

Legal Research Home > Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 33.004. Designation Of Responsible Third Party

§ 33.004. DESIGNATION OF RESPONSIBLE THIRD PARTY.  (a) A 
defendant may seek to designate a person as a responsible third 
party by filing a motion for leave to designate that person as a 
responsible third party. The motion must be filed on or before the 
60th day before the trial date unless the court finds good cause to 
allow the motion to be filed at a later date.
	(b)  Nothing in this section affects the third-party 
practice as previously recognized in the rules and statutes of this 
state with regard to the assertion by a defendant of rights to 
contribution or indemnity.  Nothing in this section affects the 
filing of cross-claims or counterclaims.
	(c), (d) Repealed by Acts 2003, 78th Leg., ch. 204, § 
4.10(2).            
	(e)  If a person is designated under this section as a 
responsible third party, a claimant is not barred by limitations 
from seeking to join that person, even though such joinder would 
otherwise be barred by limitations, if the claimant seeks to join 
that person not later than 60 days after that person is designated 
as a responsible third party.
	(f)  A court shall grant leave to designate the named person 
as a responsible third party unless another party files an 
objection to the motion for leave on or before the 15th day after 
the date the motion is served.
	(g)  If an objection to the motion for leave is timely filed, 
the court shall grant leave to designate the person as a responsible 
third party unless the objecting party establishes:
		(1)  the defendant did not plead sufficient facts 
concerning the alleged responsibility of the person to satisfy the 
pleading requirement of the Texas Rules of Civil Procedure;  and
		(2)  after having been granted leave to replead, the 
defendant failed to plead sufficient facts concerning the alleged 
responsibility of the person to satisfy the pleading requirements 
of the Texas Rules of Civil Procedure.
	(h)  By granting a motion for leave to designate a person as a 
responsible third party, the person named in the motion is 
designated as a responsible third party for purposes of this 
chapter without further action by the court or any party.
	(i)  The filing or granting of a motion for leave to 
designate a person as a responsible third party or a finding of 
fault against the person:
		(1)  does not by itself impose liability on the person;  
and                
		(2)  may not be used in any other proceeding, on the 
basis of res judicata, collateral estoppel, or any other legal 
theory, to impose liability on the person.
	(j)  Notwithstanding any other provision of this section, 
if, not later than 60 days after the filing of the defendant's 
original answer, the defendant alleges in an answer filed with the 
court that an unknown person committed a criminal act that was a 
cause of the loss or injury that is the subject of the lawsuit, the 
court shall grant a motion for leave to designate the unknown person 
as a responsible third party if:
		(1)  the court determines that the defendant has 
pleaded facts sufficient for the court to determine that there is a 
reasonable probability that the act of the unknown person was 
criminal;
		(2)  the defendant has stated in the answer all 
identifying characteristics of the unknown person, known at the 
time of the answer;  and
		(3)  the allegation satisfies the pleading 
requirements of the Texas Rules of Civil Procedure.
	(k)  An unknown person designated as a responsible third 
party under Subsection (j) is denominated as "Jane Doe" or "John 
Doe" until the person's identity is known.
	(l)  After adequate time for discovery, a party may move to 
strike the designation of a responsible third party on the ground 
that there is no evidence that the designated person is responsible 
for any portion of the claimant's alleged injury or damage.  The 
court shall grant the motion to strike unless a defendant produces 
sufficient evidence to raise a genuine issue of fact regarding the 
designated person's responsibility for the claimant's injury or 
damage.

Added by Acts 1995, 74th Leg., ch. 136, § 1, eff. Sept. 1, 1995.  
Amended by Acts 2003, 78th Leg., ch. 204, § 4.03, 4.04, 4.10(2), 
eff. Sept. 1, 2003.

Last modified: August 11, 2007