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A counterclaim is a claim against the plaintiff by the defendant.A crossclaim is a claim against any third party that is part of the same transactions or occurrences or shares property that is the subject of the original complaint.
If you filed an answer and a counterclaim, the Plaintiff will likely file a response to your counterclaim.If you filed a motion, a hearing will be scheduled for the court to make a decision. After your motion is resolved (and assuming the case is not dismissed), the case will move forward from there.
(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.
When should I file my counterclaim? The counterclaim must be filed at least seven (7) days before the trial date. If you decide to file a counterclaim less than seven days before the trial date, you must contact the magistrate to whom the case is assigned and obtain permission to file your counterclaim.
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.
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.
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)).
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.
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.