Crossclaims can significantly affect how motions and discovery are handled in litigation. Learn how to use them strategically to shape motion practice and discovery strategy for a more efficient case.

Crossclaims, which involve one defendant bringing a claim against another co-defendant in the same litigation, can have a profound impact on motion practice and discovery strategies. These legal tools not only affect the scope of the case but also influence how the litigation proceeds, from filing motions to managing evidence and interrogatories.

In this article, we explore the ways crossclaims can shape the motion practice and discovery phases of a case. We’ll cover both the tactical advantages and potential challenges crossclaims present, offering insight into how to use them effectively to advance your legal strategy.

4.1. Expanding the Scope of Motion Practice with Crossclaims

✅ How crossclaims affect motion practice:
Crossclaims can expand the scope of motion practice, as they often introduce additional issues or defenses that need to be addressed before the case can proceed. When a defendant files a crossclaim, it can lead to motions for summary judgment, motions to dismiss, or other procedural motions that address the new claims or defenses raised in the crossclaim.
Example:
“If a defendant in a breach of contract case files a crossclaim against another defendant for indemnity, the court may need to rule on whether the indemnity provision is enforceable, leading to motions that resolve this issue before the case proceeds to trial.”
🎯 Tip: Encourage clients to anticipate the motions that will arise from crossclaims and ensure that they are prepared to address them strategically, particularly when seeking to resolve claims early in the case.

4.2. Impact of Crossclaims on Discovery Strategy

✅ How crossclaims affect discovery and evidence sharing:
Filing a crossclaim introduces new parties and issues into the case, which can significantly alter the discovery process. Discovery is typically broadened to include the new claims raised in the crossclaim, and parties may need to engage in additional depositions, document exchanges, or interrogatories. This can increase the scope of discovery, extending the timeline and costs of litigation.
Example:
“In a product liability case, when a co-defendant files a crossclaim against another co-defendant for contribution, the discovery process may expand to include additional documents, such as design specifications, emails, and contracts related to the design and manufacturing of the product.”
🎯 Tip: Advise clients to evaluate whether the crossclaim will necessitate expanding the discovery process and plan for the additional time and resources needed to collect and review evidence.

4.3. Discovery Objections and Crossclaims

✅ The role of discovery objections in crossclaims:
Crossclaims can lead to discovery disputes, particularly when one party believes that the information requested in discovery is not relevant to the claims made in the crossclaim. Defendants may argue that certain documents or testimony are outside the scope of the crossclaim, while opposing parties may push for broader discovery. This can lead to motion practice related to discovery disputes.
Example:
“If a defendant in a construction defect case files a crossclaim for contribution from a subcontractor, the general contractor might object to providing certain project documents not directly related to the subcontractor’s work, but the subcontractor could argue they are critical for resolving the crossclaim.”
🎯 Tip: Counsel clients to be proactive in addressing potential discovery disputes that might arise from crossclaims. Consider negotiating discovery parameters early on to avoid delays.

4.4. Motions for Summary Judgment and Crossclaims

✅ How crossclaims impact motions for summary judgment:
Crossclaims can provide a basis for filing a motion for summary judgment, particularly when the crossclaim involves clear legal issues or undisputed facts. If a defendant believes that a crossclaim has no merit or that it does not meet the legal standard for liability, they may file a motion for summary judgment to have the crossclaim dismissed.
Example:
“In a lawsuit involving multiple defendants, if one defendant files a crossclaim against another for indemnification but lacks sufficient evidence to support the claim, the defendant being sued for indemnification may file a motion for summary judgment to have the crossclaim dismissed.”
🎯 Tip: Ensure that your motion for summary judgment is well-supported by evidence that either negates the crossclaim or demonstrates that no legal basis exists for the claim to proceed.

4.5. The Strategic Use of Crossclaims to Narrow Issues During Discovery

✅ How crossclaims can help narrow issues during discovery:
In some cases, filing a crossclaim can help narrow the issues during discovery by focusing on specific claims and defenses related to the crossclaim. This can streamline the discovery process and make it more efficient by targeting relevant information. Crossclaims can also help identify the key issues that need to be resolved, reducing the scope of unnecessary discovery.
Example:
“In a defamation case involving multiple defendants, filing a crossclaim for contribution can narrow the focus of discovery to the statements made by the co-defendants, eliminating the need for broader discovery related to other unrelated issues.”
🎯 Tip: Advise clients to use crossclaims strategically to help guide discovery toward the most relevant information, potentially limiting the scope of disputes and reducing unnecessary costs.

4.6. Crossclaims and the Impact on Expert Testimony

✅ How crossclaims influence expert testimony:
In cases where crossclaims are filed, expert testimony may be needed to address the technical aspects of the dispute raised in the crossclaim. For example, in a construction or product liability case, an expert might need to testify about whether a co-defendant’s actions contributed to the harm. This can lead to motions related to the admissibility of expert testimony and the scope of the expert’s opinion.
Example:
“If a defendant in a breach of contract case files a crossclaim for indemnification against a third-party supplier, expert testimony may be necessary to determine whether the supplier’s failure to deliver goods caused financial harm to the defendant, influencing the scope of expert discovery.”
🎯 Tip: Ensure that experts are consulted early in the case to evaluate the potential need for expert testimony in relation to the crossclaim and how it might affect the discovery process.

8. Sample Scenario: Managing Crossclaims in Discovery

Scenario:
In a commercial dispute between two companies, one defendant files a crossclaim against another for breach of contract, alleging that the other party’s actions led to financial damages. During discovery, the plaintiff seeks documents from both defendants regarding their contract performance.

Step 1: Evaluate whether the discovery requests are overly broad and whether they are relevant to the claims raised in the crossclaim.
Step 2: Consider filing a motion to limit discovery if the requests are not related to the crossclaim or if the discovery burden is disproportionate.
Step 3: Use the discovery process to narrow the issues related to the crossclaim, focusing on the core allegations and avoiding unnecessary information gathering.

🎯 Tip: Be proactive in setting boundaries during discovery to avoid unnecessary document production and ensure that only relevant evidence is exchanged.

Final Thoughts

Crossclaims can significantly influence the motion practice and discovery strategy in litigation. While they can help streamline the case by consolidating related claims, they also introduce additional complexity that can expand the scope of motions and discovery. Attorneys must carefully strategize how crossclaims will impact their case to ensure efficient litigation and avoid unnecessary delays and costs.

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