Not every crossclaim holds up in court. Learn how to challenge a weak or improper crossclaim by filing a motion to dismiss—and what legal standards you’ll need to meet.
A crossclaim can significantly complicate a lawsuit—especially if it’s legally flawed, procedurally improper, or factually unsupported. When facing a crossclaim that lacks merit, one of the first and most effective responses is filing a motion to dismiss. This procedural tool allows you to challenge the legal sufficiency of the crossclaim before discovery or trial begins.
In this article, we walk you through the steps of filing a motion to dismiss a crossclaim, highlight key legal standards, and provide tips for strengthening your argument.
✅ Common grounds to dismiss a crossclaim include:
Failure to State a Claim (Rule 12(b)(6)): The crossclaim doesn’t present a legally sufficient cause of action.
Lack of Jurisdiction (Rule 12(b)(1) or (2)): The court lacks subject matter or personal jurisdiction.
Improper Venue (Rule 12(b)(3)): The crossclaim was filed in the wrong location.
Procedural Deficiencies: The crossclaim doesn’t comply with court rules (e.g., timing, format).
Redundancy or Mootness: The issues in the crossclaim are already being litigated elsewhere or have been resolved.
Example:
“If a co-defendant files a crossclaim for defamation that occurred long after the events in the main lawsuit, you can argue the crossclaim does not arise from the same transaction or occurrence—and should be dismissed.”
🎯 Tip: Start by analyzing whether the crossclaim meets the core pleading requirements and is properly linked to the primary dispute.
✅ Follow these core steps:
Review the Crossclaim Thoroughly
Read the crossclaim carefully to identify deficiencies in law, fact, or form. Determine whether it states a claim that would entitle the claimant to relief.
Draft the Motion to Dismiss
Include:
Caption and case number
Introduction stating the request for dismissal
Legal basis for dismissal (e.g., Rule 12(b)(6))
Argument section analyzing why the crossclaim fails
Conclusion and specific relief requested
Attach a Supporting Memorandum of Law
Cite relevant case law and procedural rules to back up your arguments.
File the Motion with the Court
Submit the motion through the appropriate court filing system (physical or e-filing). Check your local court rules for any additional requirements (e.g., page limits, motion calendars).
Serve All Parties
Serve a copy of the motion on all parties to the case, including the crossclaimant and plaintiff.
Wait for Response and Court Ruling
The crossclaimant will have a limited period (usually 14–21 days) to oppose the motion. After that, the court may schedule oral arguments or rule on the motion without a hearing.
🎯 Tip: Be concise and focus on one or two strong arguments—don’t overload your motion with weak or marginal grounds for dismissal.
✅ Before filing, ask:
Will dismissal save time and cost?
Eliminating a weak crossclaim early can reduce discovery burdens.
Could a motion to dismiss backfire?
If the crossclaimant can amend their claim to cure the defects, they may come back stronger.
Is summary judgment a better option?
If the issue is about factual disputes, consider a motion for summary judgment instead of dismissal.
🎯 Tip: Discuss your litigation goals with your attorney before filing. Sometimes negotiating a withdrawal is better than a public dismissal battle.
✅ The court may:
Grant the Motion with Prejudice
The crossclaim is dismissed permanently. This usually means the claim cannot be refiled.
Grant the Motion without Prejudice
The crossclaimant may revise and refile the crossclaim.
Deny the Motion
The case proceeds, and you must respond with an answer and prepare for discovery.
🎯 Tip: If the court allows amendment, consider filing a renewed motion to dismiss if the revised crossclaim remains defective.
DEFENDANT B’S MOTION TO DISMISS DEFENDANT A’S CROSSCLAIM
Defendant B, by counsel, respectfully moves this Court to dismiss the Crossclaim filed by Defendant A, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief may be granted.
In support thereof, Defendant B states:
1. The crossclaim fails to allege facts sufficient to establish a valid cause of action for contribution. 2. The crossclaim is unrelated to the plaintiff’s original claim and does not arise from the same transaction or occurrence.
WHEREFORE, Defendant B respectfully requests that the Court dismiss the Crossclaim in its entirety and award such further relief as this Court deems just and proper.
🎯 Tip: Always attach a memorandum of law to explain the basis of your motion in detail.
Filing a motion to dismiss a crossclaim is a strategic move that can narrow the scope of litigation and protect your client from baseless or irrelevant claims. To succeed, your motion must be legally grounded, procedurally sound, and timely filed. Understanding the distinctions between defective pleadings and disputes better handled at trial is key to choosing this path wisely.
Let Legal Husk Help You Challenge Improper Crossclaims
Need to file or respond to a motion to dismiss a crossclaim? Legal Husk offers expert legal drafting and strategy services for litigants and legal professionals.
📌 Ready to streamline your case and eliminate weak claims?
👉 Visit:
🔗 legalhusk.com
🔗 legalhusk.com/services
🔗 legalhusk.com/about-us
📩 Ready for a court-ready crossclaim at a predictable price? Contact Legal Husk for expert support.
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.
