Rule 3:10 – Cross-Claims

May 14, 2021 | Civil Procedure, Virginia

(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.
(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 crossclaim, or if service of the summons has been timely waived on request under Code ยง 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.

Va. Sup. Ct. 3:10

Amended by order dated June 14, 2005, effective January 1, 2006; amended by order dated February 28, 2006, effective May 1, 2006; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.