counterclaim

counterclaim
A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states, counterclaims are either compulsory (required to be made) or permissive (made at option of defendant). A counterclaim may be any cause of action in favor of one or more defendants or a person whom a defendant represents against one or more plaintiffs, a person whom a plaintiff represents or a plaintiff and other persons alleged to be liable. New York C.P.L.R. No. 3019(a).
For requisite content of counterclaim under Federal Rules of Civil Procedure, see complaint
Compare crossclaim.
See also offset
@ compulsory counterclaim
A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if
(1) at the time the action was commenced the claim was the subject of another pending action, or
(2) the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim. Fed.R. Civil P. 13(a).
For claim to constitute a compulsory counterclaim, it must be logically related to original claim and arise out of same subject matter on which original claim is based; many of same factual legal issues, or offshoots of same basic controversy between parties must be involved in a compulsory counterclaim. Tasner v. Billera, D.C.I1L, 379 F.Supp. 809, 813.
@

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • counterclaim — coun·ter·claim / kau̇n tər ˌklām/ n: a claim for relief that is asserted against an opposing party after an original claim has been made compare affirmative defense at defense, cross action, cross appeal …   Law dictionary

  • counterclaim — [kount′ər klām΄; ] for v., also [ kount΄ər klām′] n. an opposing claim, esp. one by a defendant against a plaintiff s claim in a lawsuit vt., vi. to present as, or make, a counterclaim counterclaimant n …   English World dictionary

  • Counterclaim — Coun ter*claim ( kl[=a]m ), n. (Law) A claim made by a person as an offset to a claim made on him. [1913 Webster] …   The Collaborative International Dictionary of English

  • Counterclaim — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • counterclaim — UK [ˈkaʊntə(r)ˌkleɪm] / US [ˈkaʊntərˌkleɪm] noun [countable] Word forms counterclaim : singular counterclaim plural counterclaims a statement that you make against someone who has made a statement against you, especially in a legal case Derived… …   English dictionary

  • counterclaim — n. 1) to bring, enter, make a counterclaim 2) a counterclaim against * * * [ˌkaʊntə kleɪm] enter make a counterclaim a counterclaim against to bring …   Combinatory dictionary

  • counterclaim — I. noun Date: 1784 an opposing claim; especially a claim brought by a defendant against a plaintiff in a legal action II. verb Date: 1857 intransitive verb to enter or plead a counterclaim transitive verb to ask in a counterclaim …   New Collegiate Dictionary

  • counterclaim — 1. noun a suit filed by a defendant against a plaintiff secondary to the original complaint. 2. verb To file a counterclaim …   Wiktionary

  • counterclaim — n. claim made in opposition to an earlier claim v. enter an opposing claim, make a counterclaim …   English contemporary dictionary

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