
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 …
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 …
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 …
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 …
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 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 …
How to withdraw counter claim - Legal Answers - Avvo.com
Feb 4, 2014 · How to withdraw counter claim I want to withdraw my counterclaim in a civil suit. I discovered I am going after the wrong person. Do I just use a Motion and state it is to withdraw?
IN CALIFORNIA: Is a counter claim the same as a cross claim or …
Sep 25, 2013 · I believe a counter claim and counter suit are synonymous, but I thought a cross claim (or cross complaint) was different. Like if Party A & Party B were basically on the same …
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 …