Chapter 18-5 Procedure for Designation of Responsible Third Parties

• Jurisdiction: United States

18-5 Procedure for Designation of Responsible Third Parties

Chapter 33 requires the jury to assess the percentage of responsibility for any and all responsible third parties. This section discusses the pleading and proof requirements for designating a person a responsible third party as well as the associated deadlines.

18-5:1 Motion for Leave to Designate a Responsible Third Party

A defendant, and only a defendant, may seek leave to designate a person as a responsible third party.⁴⁶ A defendant must seek leave from the court to designate a person as a responsible third party by filing a motion.⁴⁷ The motion must be filed on or before the 60th day before the date set for trial unless the party seeking leave can show good cause for the delay.⁴⁸ It is wise to designate co-defendants as responsible third parties. A trial court does not abuse its discretion in denying leave to designate within 60 days of trial where a plaintiff nonsuits a co-defendant because all defendants understand that the nonsuit of a co-defendant is a possibility.⁴⁹ Typically, the defendant must designate the responsible third party or, at a minimum, identify that party in response to a Rule 194.2 Request for disclosure, prior to the expiration of limitations.⁵⁰ This allows the plaintiff the opportunity to add as a party the person alleged to have caused or contributed to cause the injury. If, however, the plaintiff files suit so close to the expiration of the statute of limitations that the defendant cannot designate or disclose prior to limitations running, the Court does not have leave to deny the designation of the responsible third party.⁵¹

18-5:2 Objection to a Motion for Leave to Designate a Responsible Third Party

An objection to the motion for leave to designate a responsible third party attacks the sufficiency of the defendant's pleadings as to the responsibility of the responsible third party.

The trial court must grant leave to designate a responsible third party unless another party files an objection to the motion on or before the 15th day after the date the motion is served.⁵² Despite the objection, leave will be granted unless the objecting party establishes that the defendant (1) failed to plead "sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirement of the Texas Rules of Civil Procedure"; and (2) the defendant failed to plead sufficient facts concerning the alleged responsibility after having been granted leave to...