Legal Definitions - cross-motion

A cross-motion is a formal request made to a court by one party in a lawsuit, filed in response to an initial motion submitted by the opposing party. While addressing the original motion, the cross-motion also presents a separate or counter-request to the court, often concerning the same subject matter but seeking a different or even opposing outcome.

Here are some examples to illustrate how a cross-motion works:

• Example 1: Child Custody Dispute

  In a divorce case, one parent (Parent A) files a motion asking the court to grant them sole physical custody of their children. The other parent (Parent B), instead of simply opposing Parent A's request, files a cross-motion. In their cross-motion, Parent B agrees that custody needs to be determined but asks the court to grant them joint physical custody, or even sole physical custody, along with a specific visitation schedule. This illustrates a cross-motion because Parent B is not just saying "no" to Parent A's request; they are actively making their own, related request for a different custody arrangement.

• Example 2: Discovery in a Business Lawsuit

  During the discovery phase of a contract dispute, the plaintiff files a motion asking the court to compel the defendant to produce certain financial documents that the plaintiff believes are crucial to their case. The defendant responds by filing a cross-motion. In their cross-motion, the defendant argues that some of the requested documents are protected by attorney-client privilege and should not be disclosed. Additionally, the defendant's cross-motion asks the court to compel the plaintiff to produce a different set of documents that the defendant believes are relevant to their defense. This is a cross-motion because the defendant is both responding to the plaintiff's request and making a new, related request for information from the plaintiff.

• Example 3: Landlord-Tenant Eviction Case

  A landlord files a motion with the court seeking to immediately evict a tenant for non-payment of rent. The tenant, in turn, files a cross-motion. In their cross-motion, the tenant acknowledges the unpaid rent but argues that the landlord failed to make essential repairs to the property, rendering it uninhabitable, and therefore the tenant should not be obligated to pay rent for that period. The tenant's cross-motion might also ask the court for a rent abatement or damages due to the landlord's alleged neglect. This demonstrates a cross-motion because the tenant is not merely defending against the eviction; they are raising a counter-claim and seeking their own form of relief from the court related to the same rental dispute.