Rule 1.245.Cross-claim against coparty
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.245
Plain-English Summary
Most claims in a lawsuit run between opposing sides, but rule 1.245 recognizes that parties aligned on the same side of a case sometimes have real disputes with each other. A cross-claim lets one party sue a coparty -- a co-defendant, for instance -- for a claim connected to the same transaction or occurrence already before the court, or one tied to property already at stake in the case.
The connection requirement matters. A cross-claim cannot introduce an unrelated dispute between coparties just because they happen to be sued together; it has to grow out of the same transaction or occurrence as the original action or an existing counterclaim, or concern property already part of the case. Within that boundary, the rule gives cross-claimants a useful tool: they can claim that the coparty is liable to them for all or part of whatever the cross-claimant might owe on the claim already asserted against it, shifting the practical burden toward the coparty who caused or contributed to the underlying dispute.
Frequently Asked Questions
What is a cross-claim, and how is it different from a counterclaim?
A cross-claim under rule 1.245 is a claim against a coparty -- someone on your own side of the case, such as a co-defendant -- rather than against your opponent. A counterclaim, covered by rules 1.241 and 1.242, runs the other direction, against the party who sued you.
Can I bring any claim I have against a co-defendant as a cross-claim?
No. Rule 1.245 requires that the cross-claim arise from the same transaction or occurrence as the original action or a counterclaim in it, or relate to property already at issue in the case. An unrelated dispute with a coparty falls outside this rule.
Can a cross-claim shift liability from me to my coparty?
Yes. Rule 1.245 lets a cross-claim assert that the coparty is or may be liable to the cross-claimant for all or part of a claim already asserted against the cross-claimant in the action.
Do I need the court's permission to file a cross-claim?
Rule 1.245 itself does not require leave of court -- it describes what a cross-claim may include as part of a pleading. Compare that to third-party practice under rule 1.246, where bringing in a new party outside the existing 10-day window does require leave.
Can a cross-claim involve property rather than money damages?
Yes. The rule allows a cross-claim relating to any property that is the subject matter of the original action, not only claims arising from a shared transaction or occurrence.