This form is an official Montana form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.
Montana Counterclaim
Category:
State:
Montana
Control #:
MT-SCJC-002
Format:
Word;
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FAQ
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of his or her own against the plaintiff, the defendant's claims are counterclaims.
Definition. A claim for relief filed against an opposing party after the original claim is filed. Most commonly, a claim by the defendant against the plaintiff.
To file your complaint, request a complaint form from the justice of the piece or clerk. There's a small fee to process and deliver the order to the defendant, but you may be able to request a waiver if you can't afford it. Pay your fee, fill out the form, and sign in front of the clerk or the justice.
A claim is the main argument. A counterclaim is the opposite of the claim, or argument.
The defendant may also raise counterclaims or affirmative defenses. If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.
Counterclaim can contain a variety of material ranging from accusation of fraudulent activity to claims which would preempt any attempt at suit. The goal of counterclaim is to turn the table on the plaintiff by bringing up more issues in the case and demanding redress.
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)).
Do I need to serve my counterclaim? After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called "service of process." The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint.
A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. These facts may refer to the same event that gave rise to the plaintiff's Cause of Action or they may refer to an entirely different claim that the defendant has against the plaintiff.