What is a Cross Motion?
How do you legally define it?
What are the important elements you should know!
In this article, we will break down the legal definition of a Cross Motion so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
Let’s dig into our procedural law to find out!
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Table of Contents
Cross Motion Basics
A cross motion is legal pleading or document filed in opposition to a motion filed by a moving party.
In other words, a cross motion is a motion where a party to a legal proceeding requests that the court reject the first motion filed.
Let’s look at a scenario to see how and when a cross motion will be filed.
Imagine that a plaintiff in a lawsuit files a motion for summary judgment.
In that case, the defendant can oppose the plaintiff’s motion by filing a cross motion for summary judgment and in opposition to the plaintiff’s motion.
The defendant’s cross motion serves as a challenge or contestation to the plaintiff’s court request and outlines the defendant’s own requests.
Cross Motion definition
What is the definition of cross motion?
According to Merriam-Webster’s dictionary, a cross motion is defined as:
A motion that attempts to counter a similar motion filed by an opposing party
What’s important to take from this definition is that a cross motion:
- Is itself a motion
- It’s filed against a moving party’s motion
- It’s intended to oppose a similar motion
Cross Motion for summary judgment
Let’s look at an example of statute allowing for cross motions to be filed.
In the Code of Federal Regulations, Section 134.212 relating to summary judgments indicates that a cross motion can be filed in response to a motion for summary judgment and provides the rules applicable to the filing of such motion:
(3) Cross-motions. In its response to a motion for summary judgment, a party may cross-move for summary judgment. The initial moving party must file and serve a response to any cross-motion for summary judgment within 15 days after the service of that cross-motion or be deemed to have consented to the cross-motion for summary judgment.
Cross Motion example
Let’s look at a cross motion to get a better understanding of the concept.
In the case involving Ghassan Alasaad et al vs The Department of Homeland Security in 2019, the plaintiffs moved for a summary judgment while the defendants filed a memorandum in support of their cross-motion and opposition to the plaintiffs’ motion for summary judgment.
In another case involving Steven Aftergood v. Central Intelligence Agency, this time it’s the plaintiff that files a cross motion for summary judgment and opposition to the defendant’s motion for summary judgment.
So what is the legal definition of Cross Motions?
Let’s look at a summary of our findings.
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Cross Reference Case