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 become the …
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 those …
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 personally …
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 evidence).
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 court date, the …
Can a motion to dismiss and counter/cross claim be on the same …
Aug 2, 2013 · One called "Motion to Dismiss" and the other called "Counterclaim" (or "Cross-Claim"). By the time the case gets to the jury, the Motion to Dismiss will be disposed of and the remaining issues …
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 do not need a …
What happens to my counterclaim in Virginia circuit court?
Jun 19, 2018 · What happens to my counterclaim in Virginia circuit court? Plaintiff filed lawsuit against me. I timely file my Answer and counterclaim. Plaintiff then filed for a nonsuit before receiving the …
In a counterclaim, is the plaintiff now the defendant and am I, the ...
Aug 17, 2016 · In a counterclaim, is the plaintiff now the defendant and am I, the defendant in the original claim, now the plaintiff? Do I now refer to the plaintiff of the original claim as defendant when …
When is an "amended" counterclaim supposed to be filed?
Apr 6, 2020 · 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, …