§ 428.40.Separate Document
Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 4. Cross-Complaints · Enacted 1971 · no amendments on record · Last verified July 28, 2026
Full Text of § 428.40
Plain-English Summary
Section 428.40 states a formatting rule in a single sentence: a cross-complaint must be a separate document. It cannot be folded into the answer or any other pleading as a section or attachment.
The rule keeps the case file organized as cross-claims proliferate. Because a cross-complaint can run in several directions at once — against the original plaintiff under § 428.10(a), against a new third party under § 428.10(b), or joined with other causes under § 428.30 — treating it as its own document makes it easier for the clerk, the court, and the parties to track which claims are pending against whom.
This separateness also matters for the mechanics that follow: § 428.60 requires service of the cross-complaint in a specific manner, and § 428.50 sets independent filing deadlines for it, both of which presuppose the cross-complaint exists as a document distinct from the answer it may accompany.
Frequently Asked Questions
Can a cross-complaint be combined with the answer in the same document?
No. Section 428.40 requires the cross-complaint to be a separate document from the answer or any other pleading.
Why does it matter whether the cross-complaint is a separate document?
Keeping it separate makes the case record clearer as cross-claims multiply, and supports the distinct filing-deadline and service rules that §§ 428.50 and 428.60 apply specifically to cross-complaints.
Amendment History
Added by Stats. 1971, Ch. 244.