Making of cross-claim
9.1 Making of cross-claim
(cf SCR Part 6, rule 10; DCR Part 20, rule 10; LCR Part 18, rule 1)
A party (the cross-claimant) may make a cross-claim—
in proceedings commenced by statement of claim, within the time limited for the party to file a defence, or
in proceedings commenced by summons, before the return day specified in the summons,
or within such further time as the court may allow.
A cross-claim is to be made—
by statement of cross-claim, in the case of a cross-claim in proceedings commenced by statement of claim, or
by cross-summons, in the case of a cross-claim in proceedings commenced by summons.
Subject to this Part, these rules apply to a statement of cross-claim and cross-summons in the same way as they apply to a statement of claim and summons, respectively.
In any proceedings, each cross-claim is to be numbered (“first cross-claim”, “second cross-claim” and so on) in the order in which the cross-claims are filed.
For the purposes of rule 4.2(2)(d), the identification of a document as a cross-claim must include the number given to the cross-claim under this rule.
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