3019 - Counterclaims and cross-claims.

§  3019. Counterclaims and cross-claims. (a) Subject of counterclaims.  A counterclaim may be any cause of  action  in  favor  of  one  or  more  defendants  or  a person whom a defendant represents against one or more  plaintiffs, a person whom a plaintiff  represents  or  a  plaintiff  and  other persons alleged to be liable.    (b)  Subject of cross-claims. A cross-claim may be any cause of action  in favor of one  or  more  defendants  or  a  person  whom  a  defendant  represents  against  one  or  more defendants, a person whom a defendant  represents or a defendant and other persons  alleged  to  be  liable.  A  cross-claim  may  include  a  claim  that  the  party against whom it is  asserted is or may be liable to the cross-claimant for all or part of  a  claim asserted in the action against the cross-claimant.    (c)  Counterclaim  against  trustee or nominal plaintiff. In an action  brought by a trustee or in the name of a plaintiff  who  has  no  actual  interest  in  the contract upon which it is founded, a claim against the  plaintiff shall not be allowed as a counterclaim, but a  claim  existing  against  the  person  beneficially  interested  shall  be  allowed  as a  counterclaim to the extent of the plaintiff's claim, if  it  might  have  been  so  allowed  in  an  action  brought  by  the  person beneficially  interested.    (d)  Cause  of  action  in  counterclaim  or  cross-claim  deemed   in  complaint.   A  cause  of  action  contained  in  a  counterclaim  or  a  cross-claim shall be treated, as far  as  practicable,  as  if  it  were  contained  in  a  complaint,  except  that  separate  process,  trial or  judgment may not be had unless the court so orders. Where a person not a  party is alleged to be  liable  a  summons  and  answer  containing  the  counterclaim  or  cross-claim  shall be filed, whereupon he or she shall  become a defendant. Service upon such a defendant shall be by serving  a  summons  and  answer  containing  the  counterclaim or cross-claim. Such  defendant shall serve a reply or answer as if he or she were  originally  a party.