COUNTERCLAIM OR CROSS CLAIM
Applied in 50 court decisions — leading case Starcrest Trust v. Berry (1996)
Most recently applied in Gordon M Swoboda v. Ocwen Loan Servicing, LLC And U.S. Bank National Association, as Trustee (May 2019)
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence that is the basis of an action, a party to the action may file the counterclaim or cross claim even though as a separate action it would be barred by limitation on the date the party's answer is required.
(b) The counterclaim or cross claim must be filed not later than the 30th day after the date on which the party's answer is required.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.