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The defendant can make a counter claim even after filing the written statement but that should be before the commencement of recording of evidence. Generally, an amendment once allowed will relate back to the date of filing of the plaint/written statement.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
A counterclaim should start with a topic sentence that acknowledges the opposing side and references the previous paragraph to create a smooth transition. Counterclaims should also include credible sources as evidence for the opposing side.
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer.
Claim: Some people say that cell phones should be banned from schools, because they distract from learning. Counterclaim: Others say that students should be allowed to carry cell phones for emergency purposes. Rebuttal: There are plenty of other, less-disruptive ways for parents and students to communicate.