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Alabama Rule of Civil Procedure 13(a) requires that a pleading ?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.? (emphasis added).
The Answer and Counterclaim must be filed with the clerk and with the plaintiff within 14 days from the date the original Statement of Claim was served on you. 3. BE AS BRIEF AS POSSIBLE, but include every important name, date, and place.
Example- Claim: Cell Phones should be allowed in the classroom. Counterclaim: Cell Phones should not be allowed in the classroom.
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.
If you are not able (or do not want) to settle the counterclaim, you do not need to file anything with the court if you have been served with a counterclaim. You simply attend the scheduled court date to defend yourself. The date and time of the mediation or hearing should be stated on the counterclaim you received.
The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission. The counterclaim is drafted following the same rules as the defence, for details on drafting the defence - please see our previous Article in this series.
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.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.