Sometimes called a cross-claim, legal paperwork that a defendant files to initiate her own lawsuit against the original plaintiff, a co-defendant or someone who is not yet a party to the lawsuit. A cross-complaint must concern the same events that gave rise to the original lawsuit. For example, a defendant accused of causing an injury when she failed to stop at a red light might cross-complain against the mechanic who recently repaired her car, claiming that his negligence resulted in the brakes failing and, hence, that the accident was his fault. In some states where the defendant wishes to make a legal claim against the original plaintiff and no third party is claimed to be involved, a counterclaim, not a cross-complaint, should be used.
n. After a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party, as long as the subject matter is related to the original complaint. The defendant’s filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant, and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint. If the cross-complaint is against the original plaintiff (original suer), then it can be served on the plaintiff’s attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file answers or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief.
A cross-complaint is a legal document that a defendant submits in response to a complaint that the plaintiff submits. It asserts claims against the plaintiff or co-defendants and seeks relief from the court. The cross-complaint is typically filed as part of the defendant’s answer to the original complaint and is subject to the same procedural rules and deadlines.
A cross-complaint can be filed at any time after the original complaint has been served on the defendant, but it is typically filed along with the defendant’s answer to the complaint.
The purpose of filing a cross-complaint is to allow the defendant to bring their own claims against the plaintiff or other parties involved in the lawsuit. It allows all parties to have their claims and counterclaims heard and resolved in a single lawsuit.
A cross-complaint can include any claims that are related to the subject matter of the original complaint. This can include claims for damages, breach of contract, negligence, or any other legal cause of action.
Yes, a cross complaint can be filed in any type of lawsuit, including civil, criminal, and administrative proceedings. However, the specific rules and procedures for filing a cross complaint may vary depending on the jurisdiction and the type of case.
The deadline for filing a cross-complaint is typically governed by the applicable statute of limitations. It is important to consult with an attorney to determine the specific deadline for filing a cross-complaint in your jurisdiction.
After a cross-complaint is filed, the plaintiff and any other parties named in the cross-complaint must file an answer to the cross-complaint. The case will then proceed with both the original complaint and the cross-complaint being litigated together.
Yes, a cross-complaint can be settled or resolved separately from the original complaint. Parties involved in a lawsuit can negotiate and reach a settlement agreement that addresses both the claims in the original complaint and the cross-complaint.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April, 2024.
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