Also known as: FRCP 13(g) · Rule 13(g) · Federal Rule of Civil Procedure 13(g) · crossclaim · cross-claim
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule authorizing a party to assert against a coparty any claim arising out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim. The rule also permits a crossclaim asserting that the coparty may be liable to the crossclaimant for all or part of a claim asserted against the crossclaimant in the action.
Francesca Fowler sued Fusion Power and its officer Fernando Farrell for breach of a supply contract. Farrell answered and asserted a crossclaim against Fusion Power seeking indemnity for any liability he might incur to Fowler. The crossclaim arose directly from the same supply contract that formed the basis of Fowler's original action.
Felipe Figueroa and Frontier Capital were named as codefendants in a securities action brought by Felicity French. Figueroa filed a crossclaim against Frontier Capital alleging that Frontier Capital's misrepresentations caused any damages French might recover. The crossclaim rested on the identical offering documents that formed the subject matter of French's complaint.
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Faye Fuller sued Franklin Foundry over title to industrial equipment. Franklin Foundry then asserted a crossclaim against its former manager Fernando Farrell claiming that Farrell had wrongfully transferred the same equipment to a third party. The crossclaim related directly to the equipment that was the subject of Fuller's original action.
Fusion Power sued Francesca Fiore for unpaid invoices. Fiore answered and filed a crossclaim against Fusion Power's parent company Fulton Shipping asserting that Fulton Shipping was responsible for any amounts Fiore owed. The crossclaim sought to shift liability for the same invoices that were the focus of the original complaint.
Fernando Farrell sued Frontier Capital for wrongful termination. Frontier Capital answered and asserted a crossclaim against its codefendant Franklin Foundry for contribution on any damages Farrell recovered. The contribution claim arose from the same employment decisions that formed the basis of Farrell's original suit.
Felicity French sued Fulton Shipping and its agent Faye Fuller for cargo damage. Fuller filed a crossclaim against Fulton Shipping seeking indemnification for any judgment French obtained. The indemnification claim tracked the identical cargo shipment that was the subject matter of French's complaint.
Crossclaims are permissive. A party may but is not required to assert a related claim against a coparty. Res judicata will not bar a later separate suit on an omitted crossclaim.
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A lawyer may not file a crossclaim on behalf of one current client against another current client in the same litigation. The prohibition on asserting such direct adversity is not consentable regardless of client waivers.
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Yes. The rule expressly permits a crossclaim asserting that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted against the crossclaimant.
Supporting sources
…directed verdicts with respect to respondents' claims against them. Bell Helicopter was granted a directed verdict on Helicol's cross-claim against it. App. 167a. Consorcio/WSH, as cross-plaintiff in a claim against Helicol, obtained a judgment in the amount of $70,000. Id., at 174a. [^maj-7]: The State's long-arm statute is…