Filing a crossclaim in a civil case? This step-by-step guide shows you how to do it right—from spotting the right moment to drafting, filing, and serving it like a pro.
In civil litigation, when you’re not the only defendant (or plaintiff), liability can get murky—and sometimes, you need to protect yourself from your own side. That’s where crossclaims come in.
If you believe a co-party should share or take responsibility for what you’re being accused of, a crossclaim lets you legally say so—on record.
This guide will walk you through how to file a crossclaim, from deciding if it’s necessary to submitting it correctly and preserving your position in the case.
Before filing, make sure your situation fits the requirements for a crossclaim:
✅ It’s against a co-party (someone on the same side of the “v.”—usually a co-defendant)
✅ It arises from the same event as the original lawsuit (e.g., the same accident, contract, or conduct)
✅ You’re seeking something specific like:
Indemnity (they should cover your losses)
Contribution (they should split responsibility)
Liability assignment (they’re primarily at fault)
In federal court, Rule 13(g) of the FRCP governs crossclaims. State rules often mirror this, but always confirm local rules before proceeding.
Key requirements:
Must be transactionally related to the original complaint
Filed with your answer or response
Must follow deadlines and service rules—missing them could forfeit your rights
Now, let’s build it out.
Label who’s bringing the crossclaim and who it’s against (e.g., “Defendant A v. Defendant B”).
Clearly explain the legal theory:
Indemnity: “They should fully reimburse me if I’m found liable.”
Contribution: “They should pay their fair share of any damages.”
Fault: “They’re mostly (or entirely) to blame.”
Present the facts that support your claim:
What happened?
When and where?
How did the co-party contribute or cause the alleged harm?
Make sure these facts connect directly to the relief you're seeking.
Be precise:
“Crossclaimant seeks a judgment requiring Defendant B to contribute 50% of any damages awarded to Plaintiff.”
This is where you tell the court exactly what you're asking for.
Time to make it official.
🏛️ Submit to the Court Clerk: File it where the original case is pending. Include filing fees if required.
🧾 Attach to Your Answer: If you're responding to a complaint, include the crossclaim in the same document.
🕐 Don’t miss the deadline: You generally must file it with your answer or within court-approved extensions.
After filing, you must serve the crossclaim on all parties:
✅ The co-party you’re suing
✅ The plaintiff
✅ Any other parties involved
Follow your jurisdiction’s service rules (e.g., certified mail, process server, or e-filing systems).
After service, the cross-defendant will respond by:
📝 Filing an Answer (admitting or denying the allegations)
⚔️ Filing a Motion to Dismiss (arguing your claim isn’t valid)
🤝 Opening Settlement Talks (if your claim creates leverage)
Your crossclaim now becomes part of the lawsuit’s main event:
Discovery will include your crossclaim.
Hearings and motions may address both the original claim and your crossclaim.
You can negotiate your own settlement terms—independent of the main plaintiff’s claims.
Case: Two contractors are sued by a homeowner for structural damage.
Crossclaim: Contractor A files a crossclaim against Contractor B, alleging B's improper materials caused the damage and seeks indemnity for any court-ordered payments.
Outcome: The court allocates liability 80/20 in favor of Contractor A, reducing their financial exposure.
Crossclaims are your legal shield when your co-party could—or should—share the blame. Done right, they can protect your finances, shift liability, and even give you leverage at the negotiation table.
Need help determining if a crossclaim is your best move? Our litigation experts specialize in multi-party disputes and procedural strategy.
📌 Protect your rights. Shift liability. Assert your defense.
👉 Visit:
🔗 legalhusk.com
🔗 legalhusk.com/services
🔗 legalhusk.com/services/civil-litigation
🔗 legalhusk.com/about-us
💬 Pro Tip: File early. Crossclaims don’t just respond—they recalibrate your case dynamics.
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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.
