Cross-Complaint


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Cross-Complaint

A type of Pleading that asserts a claim against any of the parties suing the person making the complaint, or against anyone else involved in the same controversy or having an interest in the same property that is the subject of the lawsuit.

The rules in many states permit or require a defendant to make claims for recovery from another party using a counterclaim or a cross-claim within the answer rather than using a different kind of pleading, but some jurisdictions permit a cross-complaint to be used instead of an answer for this purpose.

cross-complaint

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. (See: complaint, pleading, answer, demurrer, service of process, summons)

References in periodicals archive ?
This settlement resolves all of the disputes raised in my cross-complaint.
The county said a so-called cross-complaint would have to be filed against ``all significant property owners and extractors of water from the basin,'' which would mean that 200 to 300 new parties would need to be added to the case.
The cross-complaint also answers a complaint filed in Probate Court last December by Lawrence that asked the Court to rule that he (Lawrence) has the sole decision-making authority for the Trust.
The cross-complaint alleges that, facing mounting financial losses, unable to attract customers, and finding itself lagging behind its competition in the market, Phoenix embarked on a campaign to mislead the media, computer manufacturers, and investors regarding the poor adoption of its own instant-on product in the PC industry.
com complaint and the Copper River cross-complaint were set for February 9, 2010.
Gradient will be filing its amended cross-complaint in the next 20 days and fully expects to present its claims against Byrne and Overstock to a Marin County jury.
If it is approved, the port would be able to amend an earlier, far narrower cross-complaint filed in response to Kajima Engineering's suit over the bridge removal.
The motions to dismiss (which did not involve Gradient) were filed by four current and former Overstock board members who had been sued in a cross-complaint filed by Rocker Partners (now known as Copper River Partners).
Rico ruled in their favor and upheld Amaru Entertainment's cross-complaint for tortious intentional interference.
said today it has filed a cross-complaint against the online retailer Overstock.
A Los Angeles woman who was named in a ticket broker injunction filed a cross-complaint in October, claiming a ``secret agent'' of the academy called her seeking a Governor's Ball ticket, then illegally recorded the conversation.