Alternative pleading is a tool used in the legal realm, but what does it actually mean to the average Joe? The legal process has come a long way over the years and alternative pleading has evolved in response to the complexities of modern cases. While there are countless types of alternative pleading, this article will focus on two of the most common types – Counterclaims and Cross Claims.
What Are Counterclaims?
Counterclaims, also known as a “defensive pleading,” are a way for a person to defend themselves against claims made in an initial complaint. For example, if a person is ever sued for a breach of contract, they can make a counterclaim to prove they are not liable for the contract. Counterclaims are often used as a way to avoid costly litigation and can be made either before or after the initial pleadings.
What Are Cross Claims?
Cross claims, also known as “third-party claims,” are used in civil cases when a defendant wants to make a claim against a third-party. For example, if a defendant is being sued by a plaintiff, the defendant could file a cross claim against a third-party alleging that that person share some of the liability. By doing this, the defendant is effectively joining that third-party to the lawsuit.
Conclusion
Alternative pleading can be an invaluable tool for defendants in civil litigation, as it provides them with the opportunity to defend themselves and shift blame away from them and onto a third-party. As the process of civil litigation grows more and more complex, having a good understanding of alternative pleading can help defendants navigate their way through a complicated legal process.