A cross-complaint shall be served on each of the partiesin an action in the following manner: (1) Ifa party has not appeared in the action, a summons upon the cross-complaint shall be issued and served upon him in the same manner as upon commencement of an original action.
When can I file a cross complaint?
(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
What is a cross complaint?
Sometimes called a cross-claim, legal paperwork that a defendant files to initiate his or her own lawsuit against the original plaintiff, a codefendant, or someone who is not yet a party to the lawsuit. A cross-complaint must concern the same events that gave rise to the original lawsuit.
Is a cross complaint a responsive pleading?
The response or answer (“responsive pleading”) to the counterclaim may include a cross-claim. The United States must serve an answer to a cross-claim, or a reply to a counterclaim, within 35 days after service upon the United States Attorney of the pleading in which the claim is asserted.
How many days do you have to respond to a complaint in California?
Does a cross complaint have to be personally served?
Anyone named as cross-defendant who is NOT already a party to the action must be personally served with a summons on the cross-complaint, along with the cross-complaint itself (the same procedure as with a complaint).
How do I file an answer with the court?
How do I answer the complaint?
- Read the summons and make sure you know the date you must answer by.
- Read the complaint carefully.
- Write your answer.
- Sign and date the answer.
- Make copies for the plaintiff and yourself.
- Mail a copy to the plaintiff.
- File your answer with the court by the date on the summons.
How do you respond to being served?
Below are a few options you can consider:
- File an answer. The most common way to respond to a complaint is by filing an answer.
- Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court.
- Request more information from the plaintiff.
- File a motion to dismiss.
Can you file a motion to dismiss after an answer?
Generally, however, a defendant must file a motion to dismiss before filing an “answer” to the complaint. If the motion to dismiss is denied, the defendant must still file their answer, usually within a shortened amount of time.
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