Sources
Help build the largest human-edited directory on the web.
Submit a site - Become an editor
Wikipedia. Licensed under the GNU Free Documentation License.
Are you an expert in this subject? Join the discussion and share your knowledge at Wikipedia.org.
Cross-claim
From Wikipedia, the free encyclopedia
| Civil Procedure |
|---|
|
| view /edit this template |
A cross-claim is a claim brought against a co-party in the same side of a lawsuit. That is, a plaintiff brings a claim against another plaintiff, or a defendant brings a claim against another defendant.
In the Federal Rules of Civil Procedure this is codified in Rule 13(g). In the federal rules, a cross-claim is proper if it relates to a matter of the original jurisdiction. Proper jurisdiction is determined by a finding of whether the suit that is being initiated arises from the same transaction or occurrence that is the subject matter of the suit.
The policy for allowing cross-claims is that they promote efficiency and consistency. Furthermore, the same underlying facts will be litigated on the main claim as well as on the cross-claim preserving efficiency in the judicial system by resolving multiple claims that might arise between the parties as opposed to courts trying each claim invidivually and re-litigating the same facts. Furthermore, this will prevent inconsistent verdicts that might harm the public perception of the judicial process. Finally, because cross-claims are not mandatory, they allow the moving party the opportunity to sue later. The plaintiff is the master of his complaint, and this is holds true in cross-claims.
 |
This law-related article is a stub. You can help Wikipedia by expanding it. |