24.5.307 THIRD-PARTY PRACTICE (1) Prior to or simultaneous with the filing of the response to a petition, the responding party, an insurer or the uninsured employers' fund, may file a third-party petition with the court, naming any other insurer not already a party to the action which may be liable to the responding insurer, the uninsured employers' fund or claimant for all or part of the claims asserted in the petition.

(a) The third-party petition shall contain a short, plain statement of the party's contentions with regard to the third party's liability and may incorporate allegations of the petition and/or the response to the petition.

(b) The party filing the third-party petition shall serve the third-party petition upon the original petitioner in the case and shall file with the court an original and three copies of the third-party petition, along with a letter indicating the names and addresses of third parties to be served.

(c) The court shall serve the furnished copies of the third-party petition along with all other pleadings and orders filed in the case to date upon the third party, who shall be referenced as the third-party respondent in accordance with ARM 24.5.303.

(2) After the response to a petition has been filed, any attempt to join a third party into a pending case shall be through noticed motion in accordance with ARM 24.5.308.

(3) Within ten days after the service of a third-party petition by the court, the third-party respondent shall serve upon all parties, and file with the court, a response which shall comply with ARM 24.5.302. (History: Sec. 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1/1/02.)

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