Dictionary of Law

cross-complaint :: legal definition

Cross-complaint - n. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. 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. If the cross-complaint is against the original plaintiff (original suer) then it can be served on the plaintiff's attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file answers or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief.

See also: answer complaint demurrer pleading prayer service of process summons and Related Law Terms ↓

Related Law Terms

acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complainant :: n. a person or entity who begins a lawsuit by fili ... lso: complaint petitioner plaintiff
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
corporation :: n. an organization formed with state governmental ... ation public corporation securities
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summons :: n. a document issued by the court at the time a la ... use service service of process writ
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

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what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
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Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.