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Dorsaneo, Texas Litigation Guide
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


5-71 Dorsaneo, Texas Litigation Guide 71.syn


Title

Cross-Claim and Counterclaim

Author

Professor William V. Dorsaneo III

Chapter Summary


ABSTRACT TEXT:

This chapter from Dorsaneo, Texas Litigation Guide, discusses counterclaims and cross-claims. It covers compulsory and permissive counterclaims, limitations on filing permissive counterclaims, severance and separate trials of counterclaims and cross-claims, jurisdictional and venue issues, the statute of limitations, pleading requirements, and service of process.

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.

CORE TERMS:

Texas,counterclaim,cross-claim,compulsory counterclaim,permissive counterclaim,pleading,joinder,misjoinder,severance,separate trial,jurisdiction,venue,statute of limitations,pleadings,service of process

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.

OTHER RELATED PUBLICATIONS:

See Texas Civil Trial Guide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Civil Trial and Appellate Procedure (Matthew Bender) for a solid foundation for civil trial or appellate practice, covering everything from analyses of court rules, statutes, and cases to the underlying laws governing civil and appellate procedure.

See Personal Injury: Actions, Defenses, Damages (Matthew Bender) for the largest and most comprehensive case law compendium in legal literature, with encyclopedic treatment of the personal injury law of every American jurisdiction and coverage of theories of recovery, elements of causes of action, necessary allegations, defenses, and damages.

See Personal Injury Defense Techniques (Matthew Bender) for a discussion of a wide range of the substantive and practical legal problems faced by defense counsel, along with suggestions for the best ways to remedy them, with coverage of such topics as insurance defense, liquor liability, medical malpractice, premises liability, products liability, toxic torts, and damages.
 
 
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