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A cross-complaint shall be served on each of the partiesin an action in the following manner: (1) Ifa party has not appeared in the action, a summons upon the cross-complaint shall be issued and served upon him in the same manner as upon commencement of an original action.
The defendants filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint.
Cross-claims are governed by Rule 13 of the Federal Rules of Civil Procedure (FRCP) . As a general rule, cross-claims are not permitted. That said, a party may make a cross-claim against another party if that cross-claim arises out of the same transaction or occurrence of the original claim/counterclaim.
The cross-complaint must arise out of the same transaction or occurrence of plaintiffs claim against the defendant . For example, if a plaintiff-pedestrian sues a defendant-owner-of-the-car and defendant-driver for a car accident, the defendant-owner can file a cross-complaint against the defendant-driver.
(a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.
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(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial.

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