HERBERT R. O'CONOR, GOVERNOR. 549

22. Right of Contribution; Accrual; Pro Rata Share.

(a) The right of contribution exists among joint tort-
feasors.

(b) A joint tortfeasor is not entitled to a money judg-
ment for contribution until he has by payment discharged
the common liability or has paid more than his pro rata
share thereof.

(c) A joint tortfeasor who enters into a settlement
with the injured person is not entitled to recover contribu-
tion from another joint tortfeasor whose liability to the
injured person is not extinguished by the settlement.

23. Judgment Against One Tortfeasor. The recovery
of a judgment by the injured person against one joint tort-
feasor does not discharge the other joint tortfeasors.

24. Release: Effect on Injured Person's Claim. A re-
lease by the injured person of one joint tortfeasor, whether
before or after judgment, does not discharge the other tort-
feasors unless the release so provides; but reduces the claim
against the other tortfeasors in the amount of the con-
sideration paid for the release, or in any amount or pro-
portion by which the release provides that the total claim
shall be reduced, if greater than the consideration paid.

25. Release: Effect on Right of Contribution.. A re-
lease by the injured person of one joint tortfeasor does not
relieve him from liability to make contribution to another
joint tortfeasor unless the release is given before the right
of the other tortfeasor to secure a money judgment for
contribution has accrued, and provides for a reduction, to
the extent of the pro rata share of the released tortfeasor,
of the injured person's damages recoverable against all
other tortfeasors.

26. Indemnity. This sub-title does not impair any
right of indemnity under existing law.

27. Procedure and Practice.

(a) Before answering, a defendant seeking contribu-
tion in a tort action may move ex parte or, after answer-
ing, on notice to the plaintiff, for leave as a third-party
plaintiff to serve a summons and pleading upon a person
not a party to the action who is or may be liable as a joint
tortfeasor to him or to the plaintiff for all or part of the
plaintiff's claim against him. If the motion is granted and
the summons and pleading are served, the person so served,
hereinafter call the third-party defendant, shall make his
defense to the claim of the plaintiff and to the third-party