Commonwealth Consolidated Regulations

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Cross-claim to be accompanied by statement of cross-claim or affidavit

             (1)  A notice of cross-claim must be accompanied by:

                     (a)  if the originating application was accompanied by a statement of claim--a statement of cross-claim; or

                     (b)  if the originating application was accompanied by an affidavit--an affidavit; or

                     (c)  if an order has been made in the principal proceeding that the principal proceeding continue on pleadings--a statement of cross-claim.

Note 1:       In some cases in Chapter 3, the rules prescribe the documents that must accompany an originating application.

Note 2:       A cross-claimant's statement of cross-claim must comply with rule 16.02.

             (2)  An affidavit mentioned in paragraph (1)(b) must state the material facts on which the cross-claimant relies that are necessary to give the cross-respondent fair notice of the case to be made against the cross-respondent at trial.

Note:          Division 16.1 provides for the content of a statement of claim.

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