What is a cross-complaint?
A cross-complaint is a legal document that is filed in response to a complaint in civil court. It is essentially a counter-suit where the defendant (the person being sued) can sue the plaintiff (the person who initiated the original lawsuit). In Delaware, a cross-complaint must be filed within 20 days of service of a complaint. The cross-complaint must be served to the plaintiff either in person or through certified mail, with a copy sent to the court. The plaintiff then has 20 days to respond to the cross-complaint. Cross-complaints are often used when two parties who are involved in a lawsuit feel that the other party is equally responsible for the problem at hand. Filing a cross-complaint allows a defendant to present their own legal claims against the plaintiff in the same lawsuit. In the event that the parties reach a settlement, the cross-complaint can be used to help determine how damages are divided. Cross-complaints can also be used to make a separate claim against a third party who is not part of the original lawsuit. This is known as an “impleader” and can help prevent a plaintiff from attempting to collect more money than is actually owed. This is especially useful when a defendant is liable for damages caused by a third party, such as a negligent contractor. In summary, a cross-complaint is an important legal document that allows a defendant to counter-sue a plaintiff in a civil court case. It can be used to claim responsibility from the plaintiff or to seek damages from a third party. In Delaware, a cross-complaint must be filed within 20 days of the complaint and served to the plaintiff with a copy sent to the court.
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