Official Procedure Last Change February 5, 2018
Third party, cross and counter complaints
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How to file: Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Counterclaim OR Cross-Claim OR Third-Party Complaint Things to be aware of when filing: These are typically filed as part of the Answer to the original complaint. Court approval may be needed to file a stand-alone cross, third party or counter claim. |
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General Information
A cross claim is a claim asserted by one defendant against another defendant. A third party complaint is a complaint filed by a defendant against a third (new) party. A counter claim is a claim by the defendant against the plaintiff.
These are typically filed as part of the Answer to the original complaint. Court approval is generally needed to file a stand-alone cross, third party or counter claim if more than 14 days have passed since the filing of the Answer.
Filing requirements
The document must be signed by the filing party.
Step-by-Step Instructions
See separate instructions on including a cross, third party or counter claim with the filing of an answer.
To file a stand-alone cross, third party or counter claim:
1. Log into CM/ECF.
2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Counterclaim, Cross-Claim or Third-Party Complaint from the event list and click Next.
5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
6. Browse to attach the document to be filed (pdf file). Click Next.
7. Select that party or parties against whom the counterclaim, cross-claim or third-party complaint is against (you may need to add a new party for a third-party complaint), and click Next.
8. Enter date of service of the counterclaim/cross claim and click Next. (This step is skipped for third-party complaints)
9. Answer/reply date is calculated and displayed. Click Next. (This step is skipped for third-party complaints)
10. Final docket text is displayed. Click Next.
11. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.