Art. 1071.Cross-Claims
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 6. Incidental Actions · Enacted 1983 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 1071
Amendment History
Added by Acts 1983, No. 63, §1.
Plain-English Summary
A cross-claim is different from a reconventional demand in one basic way: it doesn't run between opposing parties. It runs between co-parties — two defendants, for example, or two plaintiffs — who are on the same side of the case but have a dispute with each other. Article 1071 lets a party bring that dispute into the pending suit by petition, rather than forcing a separate lawsuit.
The cross-claim has to connect to the case somehow. It must arise out of the same transaction or occurrence as the original action or a reconventional demand, or relate to property that's the subject matter of the original action. A cross-claim can't be used to drag an unrelated dispute between co-parties into someone else's lawsuit.
Article 1071 also allows a particular kind of cross-claim: one asserting that the co-party is or may be liable to the cross-claimant for all or part of a demand that's been asserted against the cross-claimant. This covers the situation where one co-defendant, facing liability to the plaintiff, wants to shift some or all of that liability onto another co-defendant.
Frequently Asked Questions
What is a cross-claim under Louisiana law?
It's a claim one party asserts against a co-party — someone on the same side of the case, like a fellow defendant — rather than against the opposing party.
How is a cross-claim different from a reconventional demand?
A reconventional demand runs between the plaintiff and a defendant. A cross-claim runs between co-parties on the same side, such as one defendant against another.
What connection must a cross-claim have to the underlying lawsuit?
It must arise from the same transaction or occurrence as the original action or a reconventional demand, or relate to property that's the subject of the original action. Article 1071 doesn't allow an unrelated dispute between co-parties to be added as a cross-claim.
Can a cross-claim be used to shift liability from one co-defendant to another?
Yes. Article 1071 allows a cross-claim asserting that the co-party is or may be liable for all or part of a demand made against the cross-claimant.