CROSS-CLAIM
cross-claim, n. A claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim. See Fed. R. Civ. P. 13(g).¡ª Also termed cross-action; cross-suit. Cf. COUN-TERCLAIM. [Cases: Federal Civil Procedure 786; Pleading 147, 148, 149; Set-off and Counterclaim 10.] ¡ª cross-claim, vb. ¡ª cross-claimant, n.
¡°The courts have not always distinguished clearly between a cross-claim and a counterclaim, and have used one name where the other is proper under the rules, perhaps because in some states, and in the old equity practice, the term cross-complaint or cross-bill is used for what the rules regard as a counterclaim. Under Rule 13 a counterclaim is a claim against an opposing party, while a cross-claim is against a co-party. Further there is not the same freedom in asserting cross-claims that the rules provide for counterclaims. An unrelated claim against an opposing party may be asserted as a permissive counterclaim, but only claims related to the subject matter of the original action, or property involved therein, are appropriate as cross-claims.¡± Charles Alan Wright, The Law of Federal Courts ¡ì 80, at 574 (5th ed. 1994).
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