What is a cross-complaint?

A cross-complaint is a legal document that is filed in response to an original complaint that has been raised in a civil case. It is a type of counterclaim that allows the defendant to make their own claims against the plaintiff. In Michigan, a cross-complaint must be filed with the court within twenty-one days of the plaintiff’s initial complaint or within fourteen days of being served with the complaint. The cross-complaint works in much the same way as the plaintiff’s original complaint. It includes the defendant’s version of the facts that led to the dispute and the claims that they are making against the plaintiff. These claims may be for damages, specific performance, or other relief. Once the cross-complaint has been served on the plaintiff, the defendant must wait for a response from the plaintiff. Depending upon the type of claim being made, the defendant can then file a motion seeking a court order or can proceed to trial. The court may also choose to order the parties to undergo mediation in an attempt to settle the dispute. In Michigan, when a cross-complaint is filed, the case will proceed as if two separate cases are being heard from that point on. The court will consider each side’s claims separately and may issue separate judgments for each. A cross-complaint can both strengthen the defendant’s legal position and create an opportunity for the parties to resolve their dispute outside of a trial.

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