Information About

Cross-claim




A cross claim is a claim brought against another co party in the same side of the V. That is, plaintiffs against plaintiffs or defendants against defendants. In the FRCP this is codified in rule 13g. In the federal rules, a cross claim is proper if it relates to a matter of the original jurisdiction. Determining whether the suit that is being initiated arises from the same transaction or occurrence that is the subject matter of the suit. Cross-claims can also be used when one party is liable to another, for example, when Defendant 2 is liable to Defendant 1 if she has to pay anything to Plaintiff.

The policy for allowing this is that it promotes efficiency and consistency. Furthermore, the same underlying facts will be litigated on the main claim as well as on the cross-claim so it will be efficient to resolve all the problems at once. Furthermore, this will prevent inconsistent results as this shows badly on the judicial system. Finally, because cross-claims are not mandatory, they allow the movant party the opportunity to sue later. The plaintiff is the master of his complaint, and this is holds true in cross claims.