12-2503. Enforcement
A. Whether or not judgment has been entered in an action against two or more
tortfeasors for the same injury or wrongful death, contribution may be enforced by
separate action.
B. If a judgment has been entered in an action against two or more tortfeasors for
the same injury or wrongful death, contribution may be enforced in that action by
judgment in favor of one against other judgment defendants by motion on notice to all
parties to the action.
C. If there is a judgment for the injury or wrongful death against the tortfeasor
seeking contribution, any separate action by him to enforce contribution must be
commenced within one year after the judgment has become final by lapse of time for appeal
or after appellate review.
D. If there is no judgment for the injury or wrongful death against the tortfeasor
seeking contribution, his right of contribution is barred unless he has either:
1. Discharged by payment the common liability within the statute of limitations
period applicable to the claimant's right of action against him and has commenced his
action for contribution within one year after payment.
2. Agreed while action is pending against him to discharge the common liability and
has within one year after the agreement paid the liability and commenced his action for
contribution.
E. The recovery of a judgment for an injury or wrongful death against one
tortfeasor does not of itself discharge the other tortfeasors from liability for the
injury or wrongful death unless the judgment is satisfied. The satisfaction of the
judgment does not impair a right of contribution.
F. The judgment of the court in determining the liability of the several defendants
to the claimant for an injury or wrongful death is binding as among the defendants in
determining their right to contribution. If the claimant's case is tried, the trier of
fact shall apportion and determine the respective degrees of fault of the defendants to
the action.
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