Procedural Nature and Independence
Cross objections are filed within an existing appeal and form part of the same record as the main appeal. They are contingent upon another party having already filed an appeal and cannot exist independently.
Cross appeals, on the other hand, are separate and independent proceedings. Each cross appeal constitutes a distinct appeal that can be filed independently of any other appeal.
Filing Requirements and Timing
Cross objections can only be filed when:
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An appeal has been filed by another party
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The appeal has been admitted by the appellate court
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Notice has been issued to the respondent
Cross objections must be filed within one month from the date of service of notice of hearing of the appeal.
Cross appeals can be filed independently within the prescribed limitation period for appeals, without requiring another party to first file an appeal.
Legal Status and Treatment
Despite these procedural differences, both cross objections and cross appeals are treated substantively as appeals. Cross objections “have all the trappings of an appeal” and are “disposed of on the same principles of Appeal from Original Decree”.
One court noted that “there appears to be no material difference between cross-objections and a cross-appeal” in terms of their substantive legal effect.
Strategic Considerations
Cross objections provide a cost-effective alternative to filing a separate cross appeal, as they are filed within the existing appeal proceedings.
Cross appeals may be preferred when a party wants to maintain complete independence from the other party’s appeal or when filing before the other party appeals.
Disposal
Both cross objections and cross appeals are heard together with the main appeal and disposed of by a common judgment. Even if the original appeal is withdrawn or dismissed for default, cross objections can still be decided on their merits.
The choice between filing cross objections or a cross appeal often depends on timing, strategic considerations, and whether another party has already initiated appellate proceedings.