What is cross-claim?
A claim which is asserted between the confidences is known as a cross-claim. In a case, cross-claim is relevant to the original claims. Mostly, cross-claim is filed against originates of the claim. According to the federal rules, a cross-claim is original if it is relevant to the original matter of the jurisdiction. Its main aim is to promote efficiency and consistency in a case.
What is counterclaim?
If the members of a party provide their own views about a case in the court, this is known as a counterclaim. For example, if a plaintiff provides some claims in the court and a defendant provides his own claims to defend himself, these claims are known as counterclaims. There are some rules that are made for the counterclaims by the civil procedure of the US. For example, a counterclaim should be different from the cross-claim.
Difference between a cross-claim and a counterclaim
From the above definitions of cross-claim and counterclaim, it is clear that these are two different terms. Here, experts of Dissertation Writing Services will discuss the difference between cross-claim and counterclaim.
The first difference between counterclaim and cross-claim is that a counterclaim is given by a defendant. There is no need to pay a fee of filing the counterclaim. On the other hand, the cross-claim is provided by a party. We have to pay some fee of filing the file of the cross-claim.
The opponents of the counterclaims are plaintiffs. On the other hand, the opponents of the cross-claims are the members of co-party.
After filing the counterclaims, the counter-defendants are added in the party of the proceeding. As a response to the questions of the counter-claimants, the responses and answers are provided by the responsive pleading.
After presenting the counterclaims, it is necessary for the plaintiffs to provide the answers to the counter-claimant answers just within 21 days. If the answers are not provided within 21 days, the orders will be directed again.
After filing the cross-claims, the cross-defendants can be added into the party of the proceeding. In this party, cross-claimants are also added.
In the US, it is necessary to serve the answers of the cross-claims and counterclaims just within 35 days. These claims are served by the United States of Attorney.
Cross-claim is also known as a third party claim. On the other hand, the counterclaim is known as a claim of a defendant.
A counterclaim is presented by a person who thinks that he is wrongfully sued by a person. After filing the counterclaim, it is also necessary for the person to file a countersuit within a limited amount of time. On the other hand, a cross-claim is presented against a person who is a co-defendant
It is also a fact that a counterclaim is presented directly against a person who has sued you. On the other hand, a cross-claim is presented against any person on the side of the lawsuit. Both the counterclaims and cross-claims are presented by following the federal rules of the civil procedure.