§ 6306 — Third-party practice

(a) Third-party practice under this chapter shall be as provided by rule of court except as provided in this section.

(b) A pleader may either:

(1) State as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or

(2) Move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors 1 of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof.

If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution.

(c) The court may render such judgments, 1 or more in number, as may be suitable under the provisions of this chapter.

(d) As among joint tortfeasors against whom a judgment has been entered in a single action, § 6302(d) of this title applies only if the issue of proportionate fault is litigated between them by cross-complaint in that action.

Legislative History

47 Del. Laws, c. 151, § 7 ; 10 Del. C. 1953, § 6306; 70 Del. Laws, c. 186, § 1