Statute:

Counterclaims and cross-claims

ยง 3019. Counterclaims and cross-claims. (a) Subject of counterclaims.
A counterclaim may be any cause of action in favor of one or more
defendants or a person whom a defendant represents against one or more
plaintiffs, a person whom a plaintiff represents or a plaintiff and
other persons alleged to be liable.

(b) Subject of cross-claims. A cross-claim may be any cause of action
in favor of one or more defendants or a person whom a defendant
represents against one or more defendants, a person whom a defendant
represents or a defendant and other persons alleged to be liable. A
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.

(c) Counterclaim against trustee or nominal plaintiff. In an action
brought by a trustee or in the name of a plaintiff who has no actual
interest in the contract upon which it is founded, a claim against the
plaintiff shall not be allowed as a counterclaim, but a claim existing
against the person beneficially interested shall be allowed as a
counterclaim to the extent of the plaintiff's claim, if it might have
been so allowed in an action brought by the person beneficially
interested.

(d) Cause of action in counterclaim or cross-claim deemed in
complaint. A cause of action contained in a counterclaim or a
cross-claim shall be treated, as far as practicable, as if it were
contained in a complaint, except that separate process, trial or
judgment may not be had unless the court so orders. Where a person not a
party is alleged to be liable a summons and answer containing the
counterclaim or cross-claim shall be filed, whereupon he or she shall
become a defendant. Service upon such a defendant shall be by serving a
summons and answer containing the counterclaim or cross-claim. Such
defendant shall serve a reply or answer as if he or she were originally
a party.

CVP 3019 2014-09-22

Sections:

Article 30 REMEDIES AND PLEADING
Section 3001 Declaratory judgment
Section 3002 Actions and relief not barred for inconsistency
Section 3003 Action for periodic payments due under pension or retirement contract no bar to action for future installments
Section 3004 Where restoration of benefits before judgment unnecessary
Section 3005 Relief against mistake of law
Section 3011 Kinds of pleadings
Section 3012 Service of pleadings and demand for complaint
Section 3012-A Certificate of merit in medical, dental and podiatric malpractice actions
Section 3012-B Certificate of merit in certain residential foreclosure actions
Section 3013 Particularity of statements generally
Section 3014 Statements
Section 3015 Particularity as to specific matters
Section 3016 Particularity in specific actions
Section 3017 Demand for relief
Section 3018 Responsive pleadings
Section 3019 Counterclaims and cross-claims
Section 3020 Verification
Section 3021 Form of affidavit of verification
Section 3022 Remedy for defective verification
Section 3023 Construction of verified pleading
Section 3024 Motion to correct pleadings
Section 3025 Amended and supplemental pleadings
Section 3026 Construction
Section 3031 Simplified procedure for court determination of disputes--action without pleadings
Section 3032 Contents of statement
Section 3033 Contracts to submit; enforcement of submission
Section 3034 Motion procedure to settle statement terms
Section 3035 Simplified procedure authorized
Section 3036 Court determination
Section 3037 Appeal
Section 3041 Bill of particulars in any case
Section 3042 Procedure for bill of particulars
Section 3043 Bill of particulars in personal injury actions
Section 3044 Verification of bill of particulars
Section 3045 Arbitration of damages in medical, dental or podiatric malpractice actions

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