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(j) Notwithstanding some other provision of this segment, if, not later than 60 times once the submitting of your defendant's primary answer, the defendant alleges in a solution submitted Together with the courtroom that an unfamiliar particular person committed a prison act which was a reason behind the reduction or damage that is the topic with the lawsuit, the court docket shall grant a motion for depart to designate the not known human being for a accountable third party if:
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(two) the defendant, with the precise intent to carry out harm to Other people, acted in concert with An additional individual to interact while in the carry out explained in the following provisions of your Penal Code and in so accomplishing proximately prompted the damages lawfully recoverable through the claimant:
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