(a) Cross-Claim. Except as otherwise provided by R. 4:67-4 (summary actions) and subject to the mandatory joinder provisions of R. 4:30A, a pleading may state as a cross-claim any claim by one party against a co-party including a claim that the latter is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
Rule 4:7-5.Cross-claim against co-party; claim for contribution or claim for indemnity
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:7-5 governs cross-claims between co-parties and the assertion of contribution and indemnity claims, and sets a 90-day as-of-right window for cross-claims, with later ones allowed by leave freely given.
Full Text of Rule 4:7-5
(b) Claim for Contribution or Claim for Indemnity. A defendant shall assert a claim for contribution or indemnity against any party to the action by inserting in the answer above the signature and under the heading “Claim for Contribution” or “Claim for Indemnity”, a general demand for contribution or indemnity from a named party and specifying the statute under which such claim is made, but without setting forth the facts upon which the claim is based. If a claim for contribution or indemnity is made, the answer shall be served upon the parties against whom such relief is sought and no responsive pleading thereto need be filed. A motion at trial for the dismissal of the complaint as against a co-defendant shall be made and proceeded upon in accordance with R. 4:37-2(c).
(c) Time for Assertion. Cross-claims may be asserted by any defendant as of right within 90 days after service upon the defendant of the original complaint or after service of the complaint upon the party against whom the cross-claim is asserted, whichever is later. A cross-claim may be thereafter asserted only by leave of court, which shall be freely given. A copy of the proposed cross-claim shall be annexed to the notice of motion seeking such leave. A non-settling defendant’s failure to have asserted a cross-claim for contribution against a settling defendant, however, shall not preclude either an allocation of a percentage of negligence by the finder of fact against the settling defendant or a credit in favor of the non-settling defendant consistent with that allocation, provided plaintiff was fairly apprised prior to trial that the liability of the settling defendant remained an issue and was accorded a fair opportunity to meet that issue at trial.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:13-6(a) (b); paragraph (b); amended November 27, 1974 to be effective April 1, 1975; paragraphs (a) and (b); amended July 16, 1979 to be effective September 10, 1979; paragraph (a); amended July 18, 1990 to be effective September 4, 1990; paragraph (c); amended July 14, 1992 to be effective September 1, 1992; paragraph (b); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Co-parties sometimes have claims against each other, and this rule handles them. A pleading may state as a cross-claim any claim by one party against a co-party, including that the co-party is liable for all or part of a claim asserted against the cross-claimant, subject to the mandatory joinder of Rule 4:30A. Claims for contribution or indemnity are asserted in the answer under a labeled heading, naming the party and the statute, without pleading the underlying facts.
Timing is generous but bounded. A defendant may assert a cross-claim as of right within 90 days after being served, and later only by leave of court, which is freely given. The rule also protects a non-settling defendant who did not cross-claim against a settling defendant, preserving the ability to have negligence allocated to the settling party at trial where the plaintiff had fair notice.
Frequently Asked Questions
What is a cross-claim?
A claim by one party against a co-party — often that the co-party is liable for all or part of the claim against the cross-claimant. It is subject to the mandatory joinder provisions of Rule 4:30A.
How are contribution and indemnity claims asserted?
By a general demand in the answer under a “Claim for Contribution” or “Claim for Indemnity” heading, naming the party and specifying the statute, without setting out the underlying facts. No responsive pleading to it is required.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:7-5). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: cross-claimclaim for contributionclaim for indemnityco-party claimjoint tortfeasor contribution