Maine Jury Instruction - 1.2 With Counterclaim By Defendant
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FAQ
Rule 26(f) requires federal litigants to confer early in a case, develop a discovery plan, and submit to the court a written report outlining the plan. Fed. R. Civ.
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.
If the defendant fails to assert a counterclaim in their answer, they are thereafter precluded from asserting it against the plaintiff in the plaintiff's pending action or in an independent action. Compulsory counterclaims are governed by Federal Rule of Civil Procedure 13(a).
If an application is made to produce the information under Rule 26(g), the party resisting discovery bears the initial burden to show the court that the information is not, in fact, "reasonably accessible because of undue burden or expense." The requesting party must then show "good cause" why the information should be ...
(1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.
No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.
A counterclaim is a claim by a defendant against a plaintiff. The responsive pleading to the complaint may include a counter-claim. There is no filing fee to file a counter-claim.
No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.