Cross complaint - sustany/dvg GitHub Wiki

A cross-complaint, also called �crossclaim,� is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit. The cross-complaint must arise out of the same transaction or occurrence of�plaintiff�s claim against the�defendant. For example, if a plaintiff-pedestrian sues a defendant-owner-of-the-car and defendant-driver for a car accident, the defendant-owner can file a cross-complaint against the defendant-driver.

That said, different jurisdictions can define a cross-complaint differently.

For instance, in�Rule 13�of the�Federal Rules of Civil Procedure�(FRCP), crossclaim is defined narrowly. The rule differentiates�counterclaims�and crossclaims:

• While they are both independent actions, a counterclaim is only brought by the defendant against the plaintiff.
• Crossclaims can be brought by the defendant against a co-party or by a plaintiff against a co-party.
• There is no compulsory crossclaim in the FRCP.

In California, where�counterclaims are abolished, a cross-complaint is defined broadly.��A defendant can file a cross-complaint against a plaintiff, a co-party, or a non-party if the cross-complaint arises out of the same transaction (See California�Code of Civil Procedure 428.10). There are compulsory cross-complaints and permissive cross-complaints in California.