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CPLR 203(g). A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim. CPLR 3011. Any counterclaim may be asserted in a responsive pleading or a separate action.
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong.
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.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
The counterclaim is made to offset the liability against the claim of the claimant or an independent claim of a person with related interests or obligations.
A counterclaim only needs to be issued when counterclaiming against a party not already belonging to the main action. This means that if the defendant wants to bring a counterclaim against someone who is not already a party to the proceedings, the defendant must attend the appropriate courthouse with the counterclaim.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph ? you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit ? you will be deemed to admit facts that you forget to plead to; and.
In order to make a counterclaim, you first draft your response to the lawsuit. Then you need to describe the factual circumstances surrounding your claim and make a demand for compensation or other relief. Be sure you do not confuse counterclaims with cross-complaints.