For example, a man may sue a woman for money damages because of a minor injury and some property damage after their cars collided. A claim against the plaintiff that is based on an entirely different event is one kind of Permissive Counterclaim. There are also permissive counterclaims that may be made in the defendant's answer at a later time. This is called a compulsory counterclaim because the claim must be made in response to the plaintiff's complaint and cannot be made later or in a separate lawsuit. According to the rules governing federal Civil Procedure, a defendant usually is required to make a counterclaim in an answer if the counterclaim arises from the same transaction or occurrence on which the plaintiff is suing. Where there is more than one party on a side, a counterclaim may be made by any defendant against any plaintiff or plaintiffs. These facts may refer to the same event that gave rise to the plaintiff's Cause of Action or they may refer to an entirely different claim that the defendant has against the plaintiff. In general a counterclaim must contain facts sufficient to support the granting of relief to the defendant if the facts are proved to be true. It is governed by many of the same rules that regulate the claims made by a plaintiff except that it is a part of the answer that the defendant produces in response to the plaintiff's complaint. A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant.Ī counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. An example letter which uses the newlfm package template for layout and styling.Ĭounterclaim legal definition of counterclaim. Filters: All / Templates / Examples / Articles. Gallery Items tagged Formal Letter Show all Gallery Items.
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