What is a cross-complaint?

A cross-complaint is a legal document filed by a defendant in a lawsuit against a plaintiff. It is also known as a counterclaim. In Texas, a defendant can file a cross-complaint if they believe the plaintiff has wronged them in some way, such as causing harm or interfering with an ownership interest. A cross-complaint is generally filed at the same time as the defendant’s answer to the plaintiff’s complaint but it can be filed at any time before the lawsuit is completed. The defendant must show the court why they are filing the cross-complaint. For example, a defendant may allege that the plaintiff’s original lawsuit is without merit, or that the plaintiff is responsible for some of the damages in the case. The process for handling a cross-complaint is similar to the plaintiff’s complaint. The plaintiff, now the defendant in this new action, may answer the cross-complaint with either an admission or denial of the material facts. If they deny the allegations of the cross-complaint, the parties may conduct discovery, engage in settlement negotiations, and proceed to trial if necessary. In Texas, the court may choose to have one trial for both the plaintiff’s complaint and the defendant’s cross-complaint or two separate trials. To decide which is appropriate, the court will weigh the degree of connection between the two complaints and the efficiency of trying both complaints at once.

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What is a cross-complaint?

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