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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.

A cross claim is a claim asserted by one defendant against another defendant. A third party complaint is a complaint filed by a defendant against a third (new) party. A counter claim is a claim by the defendant against the plaintiff. These are typically filed as part of the Answer to the original complaint.

A counterclaim is brought by a defendant against the opposite party, the plaintiff. A crossclaim is a claim by either a plaintiff against another plaintiff or a defendant against another defendant. Simply put, it is a claim brought against someone on the same side of the aisle on a case.

Search Legal Terms and Definitions The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint.

In order to properly write a cause of action, several things must be included. The names of the Plaintiff and Defendant. The legal means by which the Plaintiff is bringing the lawsuit. Be sure to only include the facts, not opinions. ... Offer expert opinions and lay out the evidence. ... Request of relief.

The court order, accompanied by the complaint, should be sent by certified mail to the Department of State, return receipt requested. The statutory fee is $70.00 for each defendant to be served. You may reach the bureau by telephone by calling (717) 787-1057. The telephone lines are available from 8:00 am to 4:45 pm.

(1) Civil Case Cover Sheet (form CM-010) must be filed in each civil action or proceeding, except those filed in small claims court or filed under the Probate Code, Family Code, or Welfare and Institutions Code.

What is a Cross-Complaint? After a complaint has been filed with the court and served with the Summons on the defendant, the defendant may file his or her own written complaint called a “cross-complaint” against the plaintiff, (the person originally suing the defendant). This is also known as a “counter-suit”.