{"id":11302,"date":"2017-12-22T05:33:11","date_gmt":"2017-12-22T05:33:11","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11302"},"modified":"2017-12-22T07:13:21","modified_gmt":"2017-12-22T07:13:21","slug":"cross-claim-a-claim-asserted-against-a-codefendants-or-coplaintiffs-in-a-case-and-that-relates-to-the-subject-of-the-original-claim-or-counterclaim","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11302","title":{"rendered":"Cross-Claim – a claim asserted against a codefendant(s) or coplaintiff(s) in a case and that relates to the subject of the original claim or counterclaim"},"content":{"rendered":"

cross-claim<\/span>:<\/span><\/strong>
\nn<\/em>. (1825)<\/span><\/p>\n

1. A claim asserted between codefendants or coplaintilfs in a case and that relates to the subject of the original claim or counterclaim.\u00a0<\/strong> See Fed. R. Civ. P. 13(g)<\/a><\/strong>. \u2014 aka cross-action<\/strong><\/em><\/span>; cross-suit<\/strong><\/em><\/span>. \u2014 cross-claim<\/strong><\/span>, vb<\/em>. \u2014 cross~claimant<\/strong><\/span>, n. <\/em>[1]
\n<\/em><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Charles Alan Wright’s The Law of Federal Courts<\/em><\/a> (5th ed. 1994):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe courts have not always distinguished clearly between a cross-claim and a counterclaim; and have used one name where the other is proper under the rules, perhaps because in some states, and <\/span>in the old equity practice, the term cross complaint or cross-bill is used for What the rules regard as a counterclaim.\u00a0 Under<\/span> Rule 13<\/a> a counterclaim <\/span><\/span>is a claim against an opposing party, while a cross~claim is against a coparty.\u00a0 Further there is not the same freedom in asserting cross-claims that the rules provide for counter-claims.\u00a0 An unrelated claim against an opposing party may be asserted as a permissive counterclaim, but only claims related to the subject matter of the original action, or property involved therein, are appropriate as cross claims.<\/span>\u201d [2]<\/span><\/strong><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

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[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]: Charles Alan Wright, The Law of Federal Courts<\/em><\/a> 5 80 at 574 (5th ed. 1994)
\n<\/span><\/strong><\/p>\n

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