Form 12.02A
(rule 12.02)

File number: 20____ ____ G __________ 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR
GENERAL DIVISION

BETWEEN:			
	(Plaintiff’s name)	PLAINTIFF	
			
AND:			
			
	(Defendant’s name)	DEFENDANT	
			
AND:			
			
	(Third Party’s name)	THIRD PARTY	
			
 (Modify title of proceeding as necessary.)

Third Party Notice

TO THE THIRD PARTY:

TAKE NOTICE that this proceeding has been brought by the plaintiff against the defendant and by the defendant against you as a third party.  In this proceeding, the plaintiff claims against the defendant (here state concisely the nature of the plaintiff’s claim) as appears from the originating document, a copy of which is attached as Schedule A.

AND TAKE NOTICE that the defendant also claims against you in respect of the claim set out in the statement of claim attached hereto as Schedule B.

AND TAKE NOTICE that you will be deemed to admit the plaintiff’s claim against the defendant and the defendant’s claim against you, and the defendant may enter judgment against you in accordance with the defendant’s claim attached hereto as Schedule B without further notice to you, unless (where a defence is to be filed) [within 

(insert the period of time prescribed by the Rules or order. In the latter case, add the following words “being the period prescribed by order dated the        day of 			 20.	”) 

days after the service of this third party notice upon you, excluding the day of service,

(a)	you or your solicitor cause your defence to the statement of claim to be filed with the Court by either delivering or mailing the defence to the Registry; and
(b)	within the same time, you or your solicitor cause a copy of your defence to be served upon the defendant or the defendant’s solicitor at the address given in the statement of claim for service by either delivering or mailing the copy to him or her at that address;] or,
(where the application is to Court) – [unless you appear on the hearing of the originating document.].

Schedule A

(Attach copy of originating document in the proceeding between the plaintiff and defendant)

Schedule B

(Attach copy of the defendant’s statement of claim or affidavit containing his claim against third party)

(signature)
Defendant/Solicitor for Defendant

Whose address for service is:
(insert address)
Newfoundland and Labrador

ISSUED at 					  (city/town) in the Province of Newfoundland and Labrador this 		 (day) of 			 (month), 		 (year).

(Affix seal of the court)

(signature)
Registrar/Registry clerk