Utah Counterclaim is a legal document filed in the state of Utah to contest a claim in a lawsuit. It is used to deny an accusation made by the plaintiff and to make an opposing allegation, such as a claim for damages. There are three types of Utah Counterclaims: Permissive Counterclaim, Compulsory Counterclaim, and Cross-Claim. A Permissive Counterclaim is a claim that is not related to the initial claim in the lawsuit. A Compulsory Counterclaim is a claim related to the initial claim that must be raised in the same lawsuit, or it will be waived. A Cross-Claim is a claim made by one defendant against another defendant in the same lawsuit.
Utah Counterclaim
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Counterclaim
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FAQ
A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.
The party sued in a counterclaim, cross-claim or third-party claim must file a reply to the claim within 21 calendar days after being served, if they are in Utah. If they are served outside Utah, they must file an answer within 30 calendar days after being served.
A judgment should not contain a recital of pleadings, the report of a master, or the record of prior proceedings.
If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court may order the plaintiff to pay all or part of the costs of the previous action and may stay the proceedings until the plaintiff has complied.
Rule 26(d). If a party fails to disclose or to supplement timely its discovery responses, that party cannot use the undisclosed witness, document, or material at any hearing or trial, absent proof that non-disclosure was harmless or justified by good cause.
Stipulations extending the time for or limits of disclosure or discovery require court approval only if the extension would interfere with a court order for completion of discovery or with the date of a hearing or trial.
Before commencement of the limited appearance the attorney shall file a Notice of Limited Appearance signed by the attorney and the party or, if permitted by the judge, orally announce the limited appearance on the record in a proceeding.
At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him.