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counterclaim    音标拼音: [k'ɑʊntɚkl,em]
v. 反诉

反诉

counterclaim
n 1: a claim filed in opposition to another claim in a legal
action
v 1: set up a claim in opposition to a previous claim

Counterclaim \Coun"ter*claim`\ (-kl[=a]m`), n. (Law)
A claim made by a person as an offset to a claim made on him.
[1913 Webster]


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  • When filing a counterclaim, are the names of the defendant and . . .
    When filing a counterclaim, are the names of the defendant and plaintiff switched at the top of the pleading? i e does the defendant become the plaintiff and does the plaintiff become the defendant? or should it be listed exactly as in the original petition?
  • Does plaintiff have to be served when counterclaim is filed?
    Yes, the plaintiff has to be served if you are in state court (Superior Court of California), service of the cross-complaint can be done by mail to the plaintiff's counsel You do not need a process server to serve the cross-complaint on any parties who have already appeared in the case
  • Clarification on Counterclaim and “Leave to File? - Legal Answers
    Clarification on Counterclaim and “Leave to File?" I received a claim and called the court to ask about filing a counterclaim The court staff said I could file it, so I did At the first court date, the judge asked if I had received permission to file the counterclaim, and I said no, as I didn’t know I needed permission
  • Deadline to File a Counterclaim in Texas Civil Lawsuit - JustAnswer
    The counterclaim should be included in the defendant’s original answer or as a separate pleading if allowed Timely filing is crucial to preserve claims and defenses Check local court rules and the Texas Rules of Civil Procedure for specific deadlines and requirements Consulting court instructions ensures proper procedure and avoids dismissal
  • Best Methods for Responding to a Counterclaim - JustAnswer
    How do I respond to a plaintiff reply to counterclaim if he denied allegations that he openly admitted in court under
  • What Happens If You Miss a Counterclaim Deadline? - JustAnswer
    If a counterclaim exists and you fail to respond, the opposing party may seek a default judgment against you regarding that counterclaim However, even if the court approves this motion, it will not lead to a default on your original claim against the defendant If you think you have a valid reason for not responding to the counterclaim, you can file a motion to request an extension for the
  • Can I file a motion to dismiss with a counterclaim?
    A counterclaim is typically filed with one's Answer; and a defendant can file a motion to dismiss at that time If I had to guess I'd say it's too late for either, or for any further discovery (no more evidence)
  • Plaintiff Response Time to Counterclaim in Eviction Cases
    I need to know how long a plaintiff has to respond to a defendant's answer and counterclaim as prescribed by the Fla
  • Can I make a counterclaim on a case and ask that my case be dismissed . . .
    Can I make a counterclaim on a case and ask that my case be dismissed but still pursue my counterclaim? Facing neglect charges against state of WI but there were key players that resulted in this charge happening that are provable by fact
  • When is an amended counterclaim supposed to be filed?
    A Counterclaim is filed when the Defendant has a claim against the Plaintiff A cross action is filed when one Defendant has a claim against another defendant Any new claims (counterclaims, cross actions, or third party claims) must be filed within the statue of limitations for that kind of claim, and within any deadlines set by the court





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