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Sample FORM NO. 6-11a-CV (Order Dismissing - Party Complaint For Failure To Locate - Party Defendant)

This document provides a template for an order dismissing a third-party complaint due to the inability to locate the defendant within thirty days. It outlines the conditions under which such a dismissal can occur, as per Rule 6, Section 11 of the Rules of Court. The judge has the discretion to modify the template as needed.

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36 views2 pages

Sample FORM NO. 6-11a-CV (Order Dismissing - Party Complaint For Failure To Locate - Party Defendant)

This document provides a template for an order dismissing a third-party complaint due to the inability to locate the defendant within thirty days. It outlines the conditions under which such a dismissal can occur, as per Rule 6, Section 11 of the Rules of Court. The judge has the discretion to modify the template as needed.

Uploaded by

TrudgeOn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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This form is a template which the judge is free to modify, as Rule 6, Sec.

11
needed, in accordance with the rules and applicable jurisprudence. FORM NO. 6-11a-CV

FORM NO. 6-11a-CV (Rule 6, Section 11: Order Dismissing


_______-Party Complaint for Failure to Locate _______-Party
Defendant)

ORDER

Pursuant to Rule 6, Section 11 of the Rules of Court, and


considering that the _______________ -Party Defendant could not be
located within thirty (30) calendar days from the Order dated
_______________ , as per the Sheriff/Process Server/
_______________ -Plaintiff/s Return dated _______________ , the
_______________ -Party Complaint is DISMISSED without prejudice.
SO ORDERED.

____________________ , _______________ .
Place Date

___________________
Judge

Notes:

Rule 6, Sec. 11. Third, (fourth, etc.) party complaint. - A third (fourth,
etc.) party complaint is a claim that a defending party may, with leave of
court, file against a person not a party to the action, called the third
(fourth, etc.) party defendant, for contribution, indemnity, subrogation or
any other relief, in respect of his opponent’s claim.

The third (fourth, etc.)-party complaint shall be denied admission, and


the court shall require the defendant to institute a separate action,
where: (a) the third (fourth, etc.)-party defendant cannot be located
within thirty (30) calendar days from the grant of such leave; (b) matters
extraneous to the issue in the principal case are raised; or (c) the effect
would be to introduce a new and separate controversy into the action.
This form is a template which the judge is free to modify, as Rule 6, Sec. 11
needed, in accordance with the rules and applicable jurisprudence. FORM NO. 6-11a-CV

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