A poorly drafted crossclaim can cost you more than a dismissal—it can derail your entire case. Avoid these common pitfalls and file with confidence.
Crossclaims are powerful tools in multi-party litigation. They allow one party—often a co-defendant—to shift liability, demand contribution, or seek indemnity from another party on the same side of a case. But if you don’t draft your crossclaim properly, you risk procedural rejection or strategic disadvantage.
This guide outlines the most common mistakes made when drafting crossclaims—and how to avoid them.
Mistake: Filing a crossclaim that doesn’t arise out of the same transaction or occurrence as the main lawsuit.
Why It’s a Problem:
Under Rule 13(g) of the Federal Rules of Civil Procedure, a crossclaim is only valid if it’s closely tied to the same factual event or issue. Courts will dismiss unrelated claims.
Solution:
Tie your crossclaim directly to the underlying incident or dispute raised in the original complaint or counterclaim.
Mistake: Missing the filing deadline for your crossclaim.
Why It’s a Problem:
Even if your claim is valid, it may be time-barred if filed outside the applicable statute of limitations.
Solution:
Calculate and track your deadlines carefully. Don’t assume that just because the lawsuit is ongoing, your window for filing remains open.
Mistake: Using a crossclaim to air unrelated disputes with a co-party.
Why It’s a Problem:
Courts won’t entertain unrelated legal claims under the guise of a crossclaim. You risk sanctions or dismissal.
Solution:
Limit your crossclaim to issues tied to the main case—such as liability apportionment, indemnity, or contribution.
Mistake: Submitting a crossclaim that doesn’t follow court rules.
Why It’s a Problem:
Formatting errors, lack of headings, or procedural missteps may lead to your crossclaim being rejected or delayed.
Solution:
Follow the court’s local rules to the letter. Include all required elements—caption, jurisdiction, statement of facts, legal basis, and relief sought.
Mistake: Drafting a vague or overly general crossclaim.
Why It’s a Problem:
Crossclaims that lack specificity can be dismissed for failure to state a claim under Rule 12(b)(6).
Solution:
Use detailed, fact-based allegations. Describe events clearly and tie your legal theory to those facts.
Mistake: Failing to anchor the crossclaim in recognized legal principles.
Why It’s a Problem:
Without citing relevant statutes or case law, the court has no framework to evaluate your claim.
Solution:
Back your crossclaim with solid legal support—e.g., common law negligence, breach of contract, or statutory rights.
Mistake: Only asserting one narrow theory of liability.
Why It’s a Problem:
You may miss the opportunity to assert stronger or supplemental claims.
Solution:
Explore alternative legal grounds such as tortious interference, breach of fiduciary duty, or joint liability—where applicable.
Mistake: Filing a crossclaim without evaluating how it will affect the timeline or dynamics of the case.
Why It’s a Problem:
You may inadvertently extend discovery or trigger counter-litigation from co-parties.
Solution:
Weigh the strategic pros and cons. Sometimes a well-placed crossclaim is leverage for settlement—but sometimes it complicates everything.
Mistake: Neglecting to properly serve the crossclaim on all required parties.
Why It’s a Problem:
Lack of service = lack of notice = procedural failure.
Solution:
Serve all co-parties per Rule 5 and your local court rules. Keep documentation and proof of service in your records.
Crossclaims are not just paperwork—they’re strategic tools that can shift the trajectory of litigation. But like any tool, misuse can do more harm than good.
By avoiding these common mistakes, you position your crossclaim to succeed: procedurally valid, factually grounded, and strategically aligned with your case goals.
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