Timing:
State Trial Courts: In most state court jurisdicitons, a cross-complaint against the plaintiff must be filed before or simultaneously with the answer, but courts liberally grant leave to file cross-complaints unless the opposing party can demonstrate substantial prejudice and unnecessary delay. Cross-complaints against other parties may be asserted before the trial date is set.
United States District Courts: In the United States District Courts, cross-claims are traditionally filed with the answer, but leave of court to file a cross-claim later in the action is liberally granted.
Parties and Claims:
State Trial Courts: In most state court jurisdictions, a defendant may assert any claims against the plaintiff, but claims against other parties must relate to the subject matter of the complaint. Some states have compulsory cross-complaints. If so, a defendant must assert any claim arising out of the same transaction or occurrence as plaintiff’s complaint, or it will be waived.
United States District Courts: In United States District Courts, a crossclaim must assert claims against coparties that arise “out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action.”
Form:
State Trial Courts: In most state court jurisdictions, statewide rules of civil procedure require that the cross-complaint be a separate document.
United States District Courts: In United States District Courts, the same form and formatting requirements that apply to other pleadings apply to cross-claims.
More information:
For more detailed and jurisdictionally specific information regarding cross-complaints in state courts, please see the SmartRules Cross-Complaint Guide for the jurisdiction where your action is pending.
For more detailed and jurisdictionally specific information regarding cross-complaints in United States District Courts and in some state courts, such as Illinois, New York and Virginia, please see the SmartRules Cross-Claim Guide for the jurisdiction where your action is pending.