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An answer ? or an answer and counterclaim ? is the responsive document to the plaintiff's complaint. The defendant (the second party to the suit) files an answer, and sometimes a counterclaim, with the court.
The defendant must file a counterclaim petition as provided in Rule 502.2, and must pay a filing fee or provide a Statement of Inability to Afford Payment of Court Costs. The court need not generate a citation for a counterclaim and no answer to the counterclaim need be filed.
A Defence to Counterclaim must be filed and served within 14 days of service of any Counterclaim otherwise the Defendant may be able to obtain judgment in default against the Claimant.
(b) The counterclaim or cross claim must be filed not later than the 30th day after the date on which the party's answer is required.
The defendant must file its answer and counterclaims by the deadline the answer is due, normally a.m. on the first Monday following the 20th day after being served with process (Tex. R. Civ.
As per Order VIII Rule 6A of CPC, the counter-claim must be set up either before or after the filing of the suit but before Defendant has delivered its defence. Interestingly, Order VIII Rule 6A of CPC does not provide a time limit for filing of counter-claim in a civil suit.
The defendant must file a counterclaim petition as provided in Rule 502.2, and must pay a filing fee or provide a Statement of Inability to Afford Payment of Court Costs. The court need not generate a citation for a counterclaim and no answer to the counterclaim need be filed.
The answer is the defendant's response to the plaintiff's original suit, while the counterclaim and crossclaim are the defendant's additional allegations and claims against the plaintiff or co-defendant, as applicable.