Cross-claim

Cross-claim

A cross-claim is a claim brought against a co-party in the same side of a lawsuit. That is, a plaintiff brings a claim against another plaintiff, or a defendant brings a claim against another defendant.


=U.S. Federal courts=

In the Federal Rules of Civil Procedure this is codified in Rule 13(g). In the federal rules, a cross-claim is proper if it relates to a matter of the original jurisdiction. Proper jurisdiction is determined by a finding of whether the suit that is being initiated arises from the same transaction or occurrence that is the subject matter of the suit.

The policy for allowing cross-claims is that they promote efficiency and consistency. Furthermore, the same underlying facts will be litigated on the main claim as well as on the cross-claim preserving efficiency in the judicial system by resolving multiple claims that might arise between the parties as opposed to courts trying each claim invidivually and re-litigating the same facts. Furthermore, this will prevent inconsistent verdicts that might harm the public perception of the judicial process. Finally, because cross-claims are not mandatory, they allow the moving party the opportunity to sue later. The plaintiff is the master of his complaint, and this also holds true in cross-claims.


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Look at other dictionaries:

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  • cross-claim — Cross claims against co parties are governed in the federal district courts and in most state trial courts by Rule of Civil Procedure 13(g): A pleading may state as a cross claim any claim by one party against a co party arising out of the… …   Black's law dictionary

  • cross-claim — Cross claims against co parties are governed in the federal district courts and in most state trial courts by Rule of Civil Procedure 13(g): A pleading may state as a cross claim any claim by one party against a co party arising out of the… …   Black's law dictionary

  • cross–claim — n: a claim against a party on the same side of an action (as a coplaintiff or codefendant) compare counterclaim, cross action, cross appeal, third party claim ◇ Under Rule 13(g) of the Federal Rules of Civil Procedure, a cross claim must be… …   Law dictionary

  • cross-claim — cross claimˈ transitive verb and intransitive verb • • • Main Entry: ↑cross * * * Law a claim brought by one defendant against another in the same proceeding …   Useful english dictionary

  • cross claim — noun Etymology: cross (III) : a claim made by the defendant against the plaintiff and raised in the defendant s answer …   Useful english dictionary

  • cross-claim — noun Date: 1952 a claim against a party on the same side of a legal action …   New Collegiate Dictionary

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  • cross-complaint — Sometimes called a cross claim, legal paperwork that a defendant files to initiate his or her own lawsuit against the original plaintiff, a codefendant, or someone who is not yet a party to the lawsuit. A cross complaint must concern the same… …   Law dictionary

  • claim — n [Old French, from clamer to call, claim, from Latin clamare to shout, proclaim] 1 a: a demand for something (as money) due or believed to be due; specif: a demand for a benefit (as under the workers compensation law) or contractual payment (as… …   Law dictionary

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