A counterclaim is a legal claim made by a defendant against a plaintiff in a civil lawsuit. It is essentially the defendant's response to the plaintiff's original claim, asserting that the plaintiff is also liable or has caused harm. The counterclaim can either seek to reduce the plaintiff's claims or introduce a new issue that the court must address.
Counterclaims are primarily used in civil law, particularly in cases involving contracts, torts, or property disputes. They allow defendants to assert their own claims while responding to the allegations made against them. Users can manage counterclaims through legal forms and templates, which can simplify the process of filing in court.
Here are a couple of examples of abatement:
(Hypothetical example) If a plaintiff sues a defendant for breach of contract, the defendant may file a counterclaim alleging that the plaintiff failed to fulfill their obligations under the same contract, seeking damages for that breach.
Under the United States Federal Rules of Civil Procedure, Rule 13 outlines the requirements for counterclaims. It specifies the conditions under which a counterclaim is considered compulsory or permissive.
| State | Counterclaim Rules |
|---|---|
| California | Counterclaims must be filed in the same action if they arise from the same transaction. |
| New York | Permissive counterclaims can be filed but are not required unless they are compulsory. |
| Texas | Counterclaims must be related to the original claim to be considered compulsory. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Cross-claim | A claim made by one defendant against another defendant in the same action. |
| Third-party claim | A claim brought by a defendant against someone not originally involved in the lawsuit. |
| Affirmative defense | A response by the defendant that, if proven, negates liability even if the plaintiff's claims are true. |
If you find yourself in a situation where you need to file a counterclaim, consider using US Legal Forms to access templates that can help you prepare the necessary documents. If your case is complex, it may be wise to consult with a legal professional for tailored advice.
Browse our library of 85,000+ state-specific legal templates.
A counterclaim is a claim made by a defendant against a plaintiff in response to the plaintiff's original claim.