Q: What is a cross-error?
A:
When a matter is appealed the other side may also assert that the trial or lower court made errors - these are called cross-errors.
Rule 5:18 of the Rules of the Supreme Court describe the assignment of cross-errors as follows:
(c) Assignments of cross-error. The brief in opposition may include assignments of
cross-error. If the brief in opposition contains an assignment or assignments of cross-error,
the cover of the brief must so indicate by being styled, “Brief in Opposition and
Assignment of Cross-Error.”
(1) A cross-error must be assigned in the brief in opposition in order to be noticed
by this Court.
(2) The provisions of Rule 5:25 shall apply to limit the assignments of cross-error
which will be heard on the appeal.
(3) A brief in opposition containing assignments of cross-error shall conform to
the form, content, and maximum word requirements of paragraph (b) of this Rule.
(4) When an appellee assigns cross-error in the brief in opposition:
(i) this Court will not grant any assignment of cross-error unless it first
decides to grant some or all of the assignments of error contained in the
appellant’s petition for appeal.
(ii) the appellee shall not be permitted to present oral argument to a writ
panel.
(iii) if the appellant withdraws the petition for appeal, the appeal will be
dismissed without consideration of the cross-error assigned by an appellee.
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