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 ?
The circuit court, pursuant to husband's cross-complaint, entered a final order of divorce on the grounds of the parties having lived separate and apart for one year.
He included a note, which read: "Today I filed a cross-complaint against Filippo Marchino, The X-Law Group, Mark Burton and Brigid Sweetman.
The actor has denied the allegations Carrey filed a cross-complaint in which he claims make-up artist Cathriona tried to extort money from him in 2013.
"Amber Heard is the latest victim of this lascivious and sexploitive couple," Heard's lawyer said in the cross-complaint. "After reading the script, she insisted on specific restrictions about nudity and sex scenes in the film as a condition to agreeing to appear in the Movie.
City Attorney Dennis Herrera filed the suit against Mission Street Developers LLC as a cross-complaint of a previous lawsuit filed by homeowners against the Transbay Joint Powers Authority.
Frank answered the complaint and filed a first amended cross-complaint, asserting a cause of action for declaratory relief against Farmers and Rosamaria's mother, as the person who would receive the policy benefits through Rosamaria's estate if he were found to have feloniously and intentionally killed Rosamaria.