Montana Answer and Counterclaim
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FAQ
The rule differentiates counterclaim and crossclaim. While they are both independent actions, counterclaim is only brought by the defendant against the plaintiff, crossclaim can be brought by the defendant against a co-party or by a plaintiff against a co-party.
(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.
There are two sides to every argument: (1) the claim, and (2) the counterclaim. The first is a statement of the party's point, or argument for something. The second is a rebuttal, or argument opposing the claim.
Counterclaim. 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.
TIME TO RESPOND In addition, a party must respond to a counterclaim or cross-claim within 21 days of being served with the pleading that states the claim(s) (FRCP 12(a)(1)(B)).