Request For Notice Of Lawsuit
Notice and Conditions
Article 61 of the CCP
(1) If a party believes that, if he loses the action, he will have recourse to the third party or the third party to him, he may give notice of the action to the third party until the conclusion of the investigation.
(2) The person to whom the lawsuit has been notified may also notify another person under the same conditions and the notification may be repeated in this way.
Grounds of Article 61 of the CCP
The Article regulates party notification and its conditions.
In the first paragraph, the basic condition for recourse is regulated by taking into account both the possibility of recourse to the party itself and the possibility of recourse by the party itself. In the Law No. 1086, only the possibility of the party’s recourse to the third party was taken into consideration. However, depending on the outcome of the case, the possibility of recourse to the party itself may arise. The person to be notified must be considered as a third party in terms of that proceeding. If the conditions are met, it is possible for both parties to resort to this method. It is envisaged that the notification may be made until the conclusion of the investigation. Thus, instead of a general statement, it is accepted that notice is possible until the conclusion of the investigation. Notification after the conclusion of the investigation phase is not accepted as it would not fully realize the desired result and would also prolong the proceedings.
In the second paragraph, it is clearly stated that the person to whom the lawsuit is notified may also notify the lawsuit to another person. Law No. 1086 regulated this issue in a separate article, but in order to ensure systematic integrity, it has been transformed into the second paragraph of the article.
TO THE … COURT OF FIRST INSTANCE
FILE NO:
NOTICE OF LAWSUIT
DEFENDANT :
ATTORNEY :
NOTIFIED :
SUBJECT : It is a request to notify the lawsuit to the third party.
EXPLANATIONS
1-) The lawsuit for pecuniary and non-pecuniary damages filed against our client by (…), the plaintiff of the file registered in the above-mentioned …/… case of your court, is still pending.
2-) Regarding this lawsuit, our client has been sued as the operator. However, there is a legal benefit for us in notifying the driver of the vehicle and at the same time the employee of our client … … to participate in the lawsuit as an accessory intervener. Because, in case we lose the case, we will have recourse to him as much as the amount we will have to pay to the plaintiff.
3-) For the reasons we have tried to explain above, it has become necessary to ask your court to notify the third party named in our pending lawsuit in order to ensure that the party participates in the lawsuit as an accessory intervener.
LEGAL GROUNDS : 6100 S. Code Art. 61, 62, 63, 64.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the case be decided to be notified to the third party.
Defendant Representative
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