(a) Scope. — A defendant may, at that defendant's option, plead as a cross-claim any cause of action that such defendant has or may have against one or more other defendants growing out of any matter pled in the complaint. Such cross-claim may include a claim that the party against whom it is asserted 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 3:10.Cross-Claims.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceLets a defendant plead a cross-claim against a co-defendant arising from the matter pled in the complaint, including a claim that the co-defendant is liable for all or part of the claim against the cross-claimant, and sets the filing and response deadlines.
Full Text of Rule 3:10
(b) Time for initiation. — A cross-claim may, subject to the provisions of Rule 1:9, be filed within 21 days after service of the summons and complaint on the defendant asserting the cross-claim, or if service of the summons has been timely waived on request under Code § 8.01-286.1, within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside the Commonwealth.
(c) Response to cross-claim. — The cross-claim defendant must file pleadings in response to such cross-claim within 21 days after it is served.
(d) Separate trials. — The court in its discretion may order a separate trial of any cause of action asserted in a cross-claim.
Plain-English Summary
Sometimes the real dispute in a lawsuit runs between co-defendants rather than between plaintiff and defendant. This rule lets a defendant plead a cross-claim against one or more other defendants for any cause of action growing out of a matter pled in the complaint, including a claim that the party the cross-claim targets is or may be liable to the cross-claimant for all or part of a claim already asserted against the cross-claimant in the case.
Subject to Rule 1:9, the cross-claim must be filed within 21 days after service of the summons and complaint on the defendant asserting it, or within 60 days after a timely waiver request under Code § 8.01-286.1 (90 days if that defendant was addressed outside Virginia). The cross-claim defendant then has 21 days after being served to respond. As with a counterclaim, the court retains discretion to order a separate trial of any cause of action asserted in a cross-claim.
Frequently Asked Questions
What is a cross-claim under Virginia’s rules?
A claim one defendant pleads against another defendant, for a cause of action growing out of a matter already pled in the complaint — including a claim that the other defendant is or may be liable for all or part of a claim asserted against the cross-claimant.
How long does a defendant have to file a cross-claim?
Subject to Rule 1:9, within 21 days after service of the summons and complaint on the defendant asserting the cross-claim, or within 60 or 90 days if service was waived.
How much time does a co-defendant have to respond to a cross-claim?
21 days after the cross-claim is served.
Does a cross-claim have to relate to the plaintiff’s original claim?
Yes. It must grow out of a matter pled in the complaint, unlike a counterclaim, which can be entirely unrelated to the complaint’s subject matter.
Will a cross-claim be tried together with the rest of the case?
Not necessarily. The court has discretion to order a separate trial of any cause of action asserted in a cross-claim.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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