cross-complaint

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 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 that, therefore, 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.
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


cross-complaint
n.
1 A cause of action or claim asserted by a defendant in a civil action against another party in the same action.
2 A cause of action or claim asserted by a defendant in a civil action against one who is not a party to the action that concerns a matter related to the underlying dispute in the action.
3 The pleading in which one asserts a cross-claim.

Webster's New World Law Dictionary. . 2000.


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.

Dictionary from West's Encyclopedia of American Law. 2005.


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.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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.

Law dictionary. . 2013.

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Look at other dictionaries:

  • cross–complaint — n 1: a claim brought by a defendant against another party to the lawsuit 2: a claim brought by a defendant against a person not a party to the original lawsuit for a related cause of action Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • cross-complaint — A defendant or cross defendant may file a cross complaint setting forth either or both of the following: (a) Any cause of action he has against any of the parties who filed the complaint against him. (b) Any cause of action he has against a… …   Black's law dictionary

  • cross-complaint — A defendant or cross defendant may file a cross complaint setting forth either or both of the following: (a) Any cause of action he has against any of the parties who filed the complaint against him. (b) Any cause of action he has against a… …   Black's law dictionary

  • cross complaint — noun Etymology: cross (III) : a complaint used in code pleading whereby a defendant by his answer or separate pleading sets up a claim against a codefendant or a third person arising out of the same subject matter of the original complaint …   Useful english dictionary

  • cross complaint — A pleading by the defendant in an action wherein he seeks affirmative relief, relating to or depending upon the transaction on which the action is based or affecting property to which it relates, against the plaintiff or any other party to the… …   Ballentine's law dictionary

  • complaint — com·plaint n 1: the initial pleading that starts a lawsuit and that sets forth the allegations made by the plaintiff against the defendant and the plaintiff s demand for relief see also prayer, process, well pleaded complaint rule compare …   Law dictionary

  • cross-claim — n. A claim brought by a party to a lawsuit against a co party, out of an occurrence that is part of the subject matter of the original action. See also counterclaim The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc.… …   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 — 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 — I (disagree with) verb act in opposition to, argue, be opposed to, collide, conflict with, confront, confute, contend, contest, contradict, contravene, controvert, debate, defy, dispute, gainsay, homini obsistere, make a stand against, neutralize …   Law dictionary

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