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RELATED DOCUMENTS:
Third Circuit - DE Dist
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 Cross-claim

 

 United States District Court
 District of Delaware

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Asserted With Answer

See

Amendment of Answer to Assert Omitted Cross-Claim

The court may permit amendment of an answer to allow the assertion of an omitted crossclaim. . more...

Calculating the Due Date or Deadline Pursuant to the FRCP

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed more...

When determining the last day of a filing period stated in days, a day on which the clerk's more...

The end of the last day of a period is defined as midnight in the court's time zone more...

In determining what is the "next" day, one must continue counting in the same direction - that is, more...

Legal holidays are set forth and defined at Rule 6(a)(6). . more...

 Crossclaim Rules

Crossclaim Against Coparty

A pleading may state as a crossclaim any claim by one party against a coparty if the claim more...

Joinder

Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim. more...

 Pleading Rules

Statement of Jurisdiction

A pleading that states a claim for relief must contain a short and plain statement of the grounds more...

Statement of Claim for Relief

Each claim for relief must contain a "short and plain" statement of the claim showing that the pleader more...

Each allegation must be simple, concise, and direct. No technical form is required. . more...

Statement of Claims and Defenses

Paragraphs, Separate Statements

A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to more...

Adoption By Reference, Exhibits

A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any more...

Separate Counts

A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to more...

Alternative and Inconsistent Claims

Each allegation must be simple, concise, and direct. No technical form is required. more...

Alternative Statements of a Claim or Defense

A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either more...

Inconsistent Claims or Defenses

A party may state as many separate claims or defenses as it has, regardless of consistency. . more...

Construing Pleadings

Pleadings must be construed so as to do justice. . more...

Capacity and Authority

Except when required to show that the court has jurisdiction, a pleading need not allege: more...

A party s capacity to sue or be sued; more...

A party s authority to sue or be sued in a representative capacity; or more...

The legal existence of an organized association of persons that is made a party. . more...

Raising Those Issues

To raise any of those issues, a party must do so by a specific denial, which must state more...

Heightened Pleading Requirements

Rule 9 imposes heightened pleading requirements for, among other things, averments regarding fraud, conditions precedent, and special damages. more...

Actions Challenging The Constitutionality of a Statute

There are special notice and certification procedures for actions that challenge the constitutionality of a statute.(Federal Rule of Civil Procedure 5.1 implements 28 U.S.C. Section 2403 and replaces the former final three sentences more...

Prayer For Relief

A pleading that states a claim for relief must contain a demand for the relief sought, which may more...

Jury Demand

On any issue triable of right by a jury, a party may demand a jury trial by: more...

Serving the other parties with a written demand which may be included in a pleading no later more...

Filing the demand in accordance with Rule 5. . more...

District of Delaware SmartRules procedural guide: JURY DEMAND. more...

Local Rules Re Pleadings

Claim for Unliquidated Damages

A pleading setting forth a claim for relief in the nature of unliquidated monetary damages shall state in more...

Statement of Damages

Within 14 days after service of a written request by another party, the party filing the pleading shall more...

Jury Demand

If a party demands a jury trial by endorsing it on a pleading, as permitted by Fed. R. more...

Caption on Removed Cases

In a removed case, the caption on any pleading, including the petition, shall be identical, insofar as the more...

Request for Three-Judge District Court

If a party believes a civil action or proceeding must be heard by a three-judge district court, the more...

Designation of Class Action Pleading

In any case sought to be maintained as a class action, the complaint or other pleading asserting a more...

 Form and Format of Papers

Caption

Every pleading must have a caption with the court's name, a title, a file number, and a Rule more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Additional Requirements

District of Delaware SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

 Additional Documents

Summons

With respect to any party who has not yet appeared in the action, a completed summons must be more...

Local Rules Regarding Summons

Except as to those cases proceeding pursuant to 28 U.S.C. 1915(d), upon or after the filing of more...

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request more...

Supplemental Filing

A party must promptly file a supplemental disclosure statement if any required information changes. . more...

Contents

A nongovernmental corporate party must file 2 copies of a disclosure statement that identifies any parent corporation and more...

Other Documents

The court may supply additional documents that must be served with the Cross-claim. more...

Civil Cover Sheet

Initiating Party

Except for civil actions initiated by prisoners who are not represented by counsel, every party initiating a civil more...

Defending Party

To the extent that counsel for a plaintiff has not completed the entire civil cover sheet accurately, counsel more...

Plaintiff Must Include Indication of Related Actions

Counsel for a plaintiff in a civil action must indicate on the civil cover sheet if the action more...

(1) Arise from the same or substantially identical transactions, happenings, or events as the case at bar; more...

(2) Involve the same or substantially the same parties or property; more...

(3) Involve the same patent or the same trademark; or more...

(4) For other reasons would entail substantial duplication of labor if heard by different judges. . more...

 

Patent Cases

In all patent cases, copies of the patent must be attached and filed with the complaint. D. Del. LR 3.2. more...

 FILING AND SERVICE

Electronic Filing and Service

For more detailed information and instructions regarding electronic filing and service, District of Delaware SmartRules procedural guide: more...

All documents submitted for filing must be filed in accordance with the Court s Administrative Procedures Governing Filing and Service more...

Courtesy Copies

In instances where the Local Rules or Scheduling Orders provide for the filing of an additional copy, a more...

Motions for admission pro hac vice shall not require a courtesy paper copy. more...

DE D ECF Admin. Proc. (A)(3) (amended eff 10/16/14). more...

Effective September 8, 2014, courtesy copies of the following initial pleadings are no longer required to be furnished

For additional information see the court's website: , and the court's Standing Order: .

Hard Copy Must Be Furnished to Clerk

When a party electronically files a document, the electronically filed copy is deemed the original. One paper copy more...

Service

ECF Users

Transmission of the NEF constitutes service of the filed document and satisfies the requirements of Fed.R.Civ.P.5(b)(2)(D), Fed.R.Civ.P.77(d), Fed.R.Crim.P.49(b) and more...

DE D ECF Admin. Proc. (E)(2) (amended eff 10/16/14). more...

Non-Users

Attorneys who have not yet registered as users with CM/ECF, as well as pro se litigants not registered more...

In cases involving pro se parties, all documents filed using CM/ECF shall include a certificate of service identifying more...

Certificate of Service

If all parties to a case are participants in CM/ECF, the Court s Notice of Electronic Filing ( NEF ), automatically generated for more...

If the parties to a case are not all participants in CM/ECF, or if a document is not more...

.

Other Filing and Service Rules

File Within a Reasonable Time, With Certificate of Service

A crossclaim must be filed with the court within a reasonable time after service, together with proof of more...

Service Required

Cross-claims must be served on all parties to the action. .Service may be made by mail or personal delivery, or, with consent of the party being served, by more...

Parties Who Have Not Yet Appeared

As to any party who has not yet appeared in the action, the cross-claim and summons must be more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Third Circuit - DE Dist
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Third Circuit - DE Dist