Timely Asserting a Cross-Claim in Alabama
When determining whether a cross-claim can be asserted after the time of the running of the statute of limitations for the underlying matter, it is likely that such a cross claim can be made, so long as the cross claim did not arise after the filing of the original pleading in the matter and it relates back to the time the Plaintiff’s claim arose. Alabama Rule of Civil Procedure 13(c) allows that “all counterclaims other than those maturing or acquired after pleading shall relate back to the time the original plaintiff’s claim arose.” This premise is also found in Alabama...
