
Does a Plaintiff have to respond to a counterclaim raised in a ...
Dec 16, 2017 · If a Defendant simply states a counterclaim in an Answer does the Plaintiff have to answer in the same 20 day timeline? Or does the Defendant have to file a separate suit of …
When filing a counterclaim, are the names of the defendant and ...
Sep 6, 2012 · 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 …
Clarification on Counterclaim and “Leave to File?"
Sep 8, 2024 · 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 …
Does plaintiff have to be served when counterclaim is filed?
Jan 18, 2011 · 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 …
How do I make a Counterclaim after filing answer and near trial …
Oct 23, 2011 · How do I make a Counterclaim after filing answer and near trial date? I was sued. I filed my answer. Discovery was exchanged. Some motions are scheduled to be heard in 2 …
Do I need to serve process for a counterclaim? - Legal Answers
Nov 22, 2017 · A Complaint was filed against me by my tenant. The opposing side is represented by an attorney. I am going to file a counterclaim for eviction (it's not retaliatory). Do I need to …
Can I file a motion to dismiss with a counterclaim? - Legal Answers
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 …
When does a plaintiff have to answer a defendant's answer??
Aug 23, 2023 · R.4:6-1 (a) requires an answer to a counterclaim (the document's title) to be filed within 35 days. Better to consult a lawyer who is familiar with Court procedures, Evidence, etc.
How do I counter-sue for frivolous lawsuit? Is attorney necessary?
May 7, 2015 · The simplest way is to have counterclaim in your answer to the lawsuit. If you have already filed your answer with the court, you will need to file a motion asking the judge to give …
Filing an answer and counterclaim before receiving a summons?
Oct 8, 2020 · Filing an answer and counterclaim before receiving a summons? A few days ago I filed a complaint against defendant. Defendant had reason to expect that I would be filing, but …