Filing a crossclaim in federal court? Don’t let a misstep sink your case. Here’s how to assert your rights—and do it by the book.
When litigation gets crowded, crossclaims become critical. If you’re a defendant in a federal lawsuit and believe a co-defendant is responsible for all—or part—of the plaintiff’s claims, a crossclaim is your legal weapon.
This guide walks you through the process of filing a crossclaim in federal court under FRCP Rule 13(g)—from eligibility and drafting to service and response strategy.
A crossclaim is a claim brought by one party against a co-party in the same lawsuit—typically a defendant vs. co-defendant. Unlike counterclaims (which are directed at the opposing party), crossclaims keep the fight on your side of the aisle.
Under Federal Rule of Civil Procedure 13(g), the crossclaim must arise from the same transaction or occurrence as the main claim or a counterclaim.
Before filing, make sure your claim qualifies as a crossclaim:
✅ Involves parties already named in the lawsuit
✅ Arises from the same set of facts or event as the original claim
✅ Seeks relief like indemnity, contribution, or a share of liability
❌ You cannot crossclaim against new or third-party individuals—those require a separate joinder or third-party complaint
Rule 13(g) sets the standard:
Crossclaims are permissive, not mandatory (unlike some counterclaims)
Must arise from the same transaction or occurrence
Typically included in the Answer or filed as part of an Amended Pleading
Tip: Always check local court rules in addition to FRCP—some districts require specific formatting or filing protocols.
A compelling crossclaim should be precise, factual, and legally sound. Here’s what to include:
Case caption – As shown on the original complaint
Title – “Crossclaim of Defendant [Your Name] Against Defendant [Co-Party’s Name]”
Parties – Clarify who’s asserting and who’s receiving the crossclaim
Statement of Facts – Clear, chronological, and tied to the original claims
Legal Grounds – Cite causes of action: breach of contract, negligence, indemnity, contribution, etc.
Relief Requested – Damages, declaratory judgment, indemnification, or any court-ordered remedy
Keep it laser-focused and legally grounded—vagueness leads to dismissal.
Filing is typically done through CM/ECF, the federal electronic filing system. Here's your checklist:
✅ Follow formatting requirements (font size, spacing, caption)
✅ Submit as part of your Answer or an Amended Pleading
✅ File electronically via CM/ECF
✅ Pay any required filing fees (many crossclaims are included in general pleadings, so check court rules)
Some courts may require paper copies or courtesy copies—double-check your local rules.
Once filed, the crossclaim must be served on all parties in the case. Options include:
CM/ECF Electronic Service (default in federal court for registered parties)
Certified Mail (for parties not registered)
Personal Service (if required by court)
Don’t skip this step—improper service can delay proceedings or jeopardize your crossclaim.
The co-party (crossclaim defendant) typically has 21 days to respond. Their options:
File an Answer (admitting, denying, or asserting affirmative defenses)
File a Motion to Dismiss
Assert a counter-crossclaim (yes, that’s a thing)
Enter into settlement discussions
Be prepared to engage in discovery if the crossclaim survives—depositions, document requests, and interrogatories often follow.
Missing a federal deadline is costly. Crossclaims must:
Be included in your initial responsive pleading (or added via motion for leave to amend)
Be served according to FRCP Rule 5
Adhere to pretrial scheduling orders, including discovery and motion deadlines
Stay ahead of the calendar. If you're unsure, request an extension or file a motion for clarification.
Filing a crossclaim in federal court is a strategic move that can shift liability, reclaim damages, or bolster your defense. But doing it right means knowing the rules, structuring your pleading with precision, and staying procedurally sharp.
If your litigation strategy calls for a crossclaim, make it count—draft it with purpose, file it properly, and back it with law and fact.
At Legal Husk, we know federal court like the back of our casebooks. Whether you're defending against claims or launching your own crossclaim, we’ll help you draft, file, and serve it correctly the first time.
📌 Need to file a crossclaim under Rule 13(g)? Let’s do it right.
👉 Visit:
🔗 legalhusk.com
🔗 legalhusk.com/services
🔗 legalhusk.com/services/civil-litigation
🔗 legalhusk.com/about-us
Start strong—crossclaim with confidence. Start with Legal Husk.
📩
Ready for a court-ready crossclaim at a predictable price? Contact Legal Husk and let us draft your next crossclaim with precision and clarity.
Whether you are dealing with a complex family matter, facing criminal charges, or navigating the intricacies of business law, our mission is to provide you with comprehensive, compassionate, and expert legal guidance.
