Texas Designation of Responsible Third Party

File at least 60 days before trial under Civil Practice & Remedies Code Section 33.004(a), unless the court finds good cause to permit a later designation. The motion must identify the responsible third party by name, last known address, and the factual basis for the designation. The opposing party may file an objection within 15 days of service of the motion. If the court grants the designation, the trier of fact may allocate percentage responsibility to the designated party even though the party is not joined as a defendant. Designation does not subject the designated party to liability in the case, but allocations affect the percentage of responsibility apportioned to the defendant under Section 33.013. Consider whether the statute of limitations against the designated party has run, since post-limitations designation can preserve the allocation defense without exposing the designated party to claims.