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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
  • 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)
  • 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
  • Add a Party to a Lawsuit in NY Counterclaims Guide - JustAnswer
    When making a counterclaim and seeking to add a party to the lawsuit in New York, the process involves specific procedural rules under the New York Civil Practice Law and Rules (CPLR) In particular, CPLR Rule 1003 governs the addition of a party to a case, which allows a party to add or join another party if they believe it is necessary for the resolution of the dispute If you wish to add a
  • Do I need to serve process for a counterclaim? - Legal Answers
    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 serve post service for the counterclaim, or can I simply e-serve the opposing attorney?
  • Georgia Plaintiff Response Time to Defendant Counterclaim FAQs - JustAnswer
    A cross-claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied " Basically, that sets out that when there is a Counterclaim, it is, since it is in response to the Plaintiff's relief requested, it is automatically denied
  • Does a Plaintiff have to respond to a counterclaim raised in a . . .
    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 counterclaims?
  • How to respond to Defendants answer and counterclaim? (divorce . . .
    You should schedule a meeting with an experienced NJ divorce lawyer as soon as possible, to have your husband's Answer and Counterclaim reviewed and get advice
  • 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





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