Counterclaims, Cross-Claims, and Third-Party Complaints
Rev. 3/08/2024
Fed. R. Bankr. P. 7012
Fed. R. Bankr. P. 7013
Fed. R. Bankr. P. 7014
| A responsive pleading may contain defenses in the form of a claim, counterclaim, cross-claim, or a third-party claim making the proceeding more complex. |
Counterclaim
Docket Event:
[Adversary > Summons & Other Actions > Counterclaim]
- A counterclaim is a claim for relief by the defendant against the plaintiff. The answer or response ("Responsive Pleading") to the complaint may include a counterclaim. There is no filing fee to file a counterclaim.
- When a defendant files a counterclaim, the Counter-Claimant and Counter-Defendant are added as a party to the proceeding
- The plaintiff must serve a reply to a counterclaim within 21 days after service of the answer, or if a reply is ordered by the court, within 21 days after service of the order, unless the order otherwise directs. See Fed. R. Bankr. P. 7012
- The United States must serve an answer to a cross-claim, or a reply to a counterclaim, within 35 days after service upon the United States attorney of the pleading in which the claim is asserted.
Cross-Claim
Fed. R. Bankr. P. 7013
Docket Event:
[Adversary > Summons & Other Actions > Crossclaim]
- A cross-claim is a claim brought by a plaintiff against a co-plaintiff, or by a defendant against a co-defendant.
- The Responsive Pleading to the counterclaim may include a cross-claim.
- When a party files a cross-claim, the Cross-Claimant and Cross-Defendant are added as a party to the proceeding.
- The United States must serve an answer to a cross-claim, or a reply to a counterclaim, within 35 days after service upon the United States Attorney of the pleading in which the claim is asserted.
Third-Party Complaint
Fed. R. Bankr. P. 7014
Fed. R. Civ. P. 14
Docket Event:
[Adversary > Summons & Other Actions > Third-Party Complaint]
- A third-party complaint is a claim by a defendant ("Third-party Plaintiff") against a non-party (now a third-party defendant) who is or may be liable to the defendant for all or part of the claim it.
- Unlike a counterclaim or cross-claim which may be asserted in the responsive pleading, a third-party claim is asserted through the service of a summons and complaint by the defendant who for the purposes of the third-party claim is called the "Third-Party Plaintiff."
- The third-party complaint does not commence a new action and there no filing fee.
- Upon the filing of a third-party complaint, the clerk must issue a third-party summons (Director Form 2500D) to the third-party plaintiff (or their counsel). It is the responsibility of the third-party plaintiff to serve the summons and complaint on the third-party defendant and on the first-party plaintiff.
- The third-party plaintiff must, by motion, obtain the court's approval if it files the third-party complaint more than 14 days after serving its original answer. See Fed. R. Bankr. P. 7014(a)(1) refuse to accept the filing nor should the CA advise any party of the requirement to file a motion for court approval.
See Answer in Adversary Proceedings for filing a responsive pleading to a third-party complaint.