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To the above-named Third-Party Defendant: You are hereby summoned and required to serve upon ____, plaintiff's attorney whose address is ____, and upon ____, who is attorney for C. D., defendant and third-party plaintiff, and whose address is ____, an answer to the third-party complaint which is herewith served upon you within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer. ____________, Clerk of Court. [Seal of District Court] Dated ____________ United States District Court for the Southern District of New York Civil Action, File Number __ 1. Plaintiff A. B. has filed against defendant C. D. a complaint, a copy of which is hereto attached as "Exhibit A." 2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.) Wherefore C. D. demands judgment against third-party defendant E. F. for all sums 1 that may be adjudged against defendant C. D. in favor of plaintiff A. B. Signed: _________________, Attorney for C. D., Third-Party Plaintiff. Address: _________________ 1 Make appropriate change where C. D. is entitled to only partial recovery-over against E. F. (As added Jan. 21, 1963, eff. July 1, 1963.) NOTES OF ADVISORY COMMITTEE ON RULES--1963 Under the amendment of Rule 14(a), a defendant who files a third-party complaint not later than 10 days after serving his original answer need not obtain leave of court to bring in the third-party defendant by service under Rule 4. Form 22-A is intended for use in these cases. The changes in the form of summons reflect an earlier amendment of Rule 14(a), effective in 1948, making it permissive, rather than mandatory, for the third-party defendant to answer the plaintiff's complaint. See Cooper v. D/S A/S Progress, 188 F.Supp. 578 (E.D.Pa. 1960); 1A Barron & Holtzoff, Federal Practice and Procedure 696 (Wright ed. 1960). Under the amendment of Rule 5(a) requiring, with certain exceptions, that papers be served upon all the parties to the action, the third-party defendant, even if he makes no answer to the plaintiff's complaint, is obliged to serve upon the plaintiff a copy of his answer to the third-party complaint. Similarly, the defendant is obliged to serve upon the plaintiff a copy of the summons and complaint against the third-party defendant. Form 22-B. Motion To Bring in Third-Party Defendant Defendant moves for leave, as third-party plaintiff, to cause to be served upon E. F. a summons and third-party complaint, copies of which are hereto attached as Exhibit X. Signed: ________________, Attorney for Defendant C. D. Address: _______________ Notice of Motion (Contents the same as in Form 19. The notice should be addressed to all parties to the action.) Exhibit X (Contents the same as in Form 22-A.) (As added Jan. 21, 1963, eff. July 1, 1963.) NOTES OF ADVISORY COMMITTEE ON RULES--1963 Form 22-B is intended for use when, under amended Rule 14(a), leave of court is required to bring in a third-party defendant. Form 23. Motion To Intervene as a Defendant Under Rule 24 (Based upon the complaint, Form 16) United States District Court for the Southern District of New York Civil Action, File Number __ A. B., plaintiff v. Motion to inter- C. D., defendant } vene as a E. F., applicant for defendant intervention E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that he is the manufacturer and vendor to the defendant, as well as to others, of the articles alleged in the complaint to be an infringement of plaintiff's patent, and as such has a defense to plaintiff's claim presenting both questions of law and of fact which are common to the main action.1 Signed: ______________, Attorney for E. F., Applicant for Intervention. Address: _____________ Notice of Motion (Contents the same as in Form 19) 1 For other grounds of intervention, either of right or in the discretion of the court, see Rule 24(a) and (b). United States District Court for the Southern District of New York Civil Action, File Number __ A. B., plaintiff v. C. D., defendant } Intervener's Answer E. F., intervener First Defense Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert the legality of the issuance of the Letters Patent to plaintiff. Second Defense Plaintiff is not the first inventor of the articles covered by the Letters Patent specified in his complaint, since articles substantially identical in character were previously patented in Letters Patent granted to intervener on January 5, 1920. Signed: ________________, Attorney for E. F., Intervener. Address: _______________ (As amended Dec. 29, 1948, eff. Oct. 20, 1949.) NOTES OF ADVISORY COMMITTEE ON RULES--1948 AMENDMENT The change in nomenclature conforms to the official designation of a district court and of a court of appeals in Title 28, U.S.C., § 43(a), 132(a); and the more appropriate reference to "United States Court House, Foley Square, City of New York" in Form 19 replaces the outmoded reference. Form 24. Request for Production of Documents, etc., Under Rule 34 Plaintiff A. B. requests defendant C. D. to respond within ___ days to the following requests: (1) That defendant produce and permit plaintiff to inspect and to copy each of the following documents: (Here list the documents either individually or by category and describe each of them.)

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