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Cross-Claim

A cross-claim is a lawsuit within a lawsuit where one defendant sues another defendant who is on the same side of the original case.

What it actually is

It is a formal legal pleading filed by one party against a co-party, typically a defendant against another defendant, in the same ongoing case. The cross-claim asserts that the co-party is responsible for all or part of the original plaintiff’s claim, or that the co-party owes the cross-claimant something related to the same transaction or occurrence.

Why it matters in your case

It matters because it allows a defendant to shift liability or recover damages from another defendant without having to start a separate lawsuit, saving time and court resources. For someone in a case, it means you may need to defend not only against the original plaintiff but also against a co-defendant who blames you for the same incident.

The common misunderstanding

People often confuse a cross-claim with a counterclaim, but a counterclaim is against the original plaintiff, not against a co-party. Another common mistake is thinking a cross-claim is optional, it is a right, but failing to assert it in time may forfeit that right.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court, we hold court rules for 28 states and the federal courts word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state, procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.