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Dorsaneo, Texas Litigation Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
5-71 Dorsaneo, Texas Litigation Guide 71.syn
Cross-Claim and Counterclaim
Professor William V. Dorsaneo III
The chapter details the nature and function of counterclaims and cross-claims and defines when a counterclaim is compulsory or permissive. It reviews the tests governing a court's determination of whether a claim is compulsory, such as the analysis of whether a claim arose out of the same transaction or occurrence that is the subject matter of the opposing party's claim. It also discusses the distinctions between the severance of suits into multiple actions and the separation of claims for trial.
The chapter includes a procedural guide setting forth a checklist of the essential steps for filing and responding to counterclaims and cross-claims. It contains various forms, which provide a format for filing counterclaims and cross-claims, either as separate pleadings or as part of the defendant's answer, and for responding to these claims. The chapter also provides a research guide with links to related constitutional and statutory provisions, procedural rules, case law, law reviews, annotations, periodicals, and treatises.
Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entity, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.
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RELATED CHAPTERS: (View)
See Chapter 1 for information on the commencement of a civil action in Texas courts.
See Chapter 11 for information on drafting, filing, and responding to plaintiff's petition.
See Chapter 12 for information on joinder of parties.
See Chapter 80 for information on joinder of third parties.
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