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 a motion to dismiss and counter cross claim be on the same pleading . . . 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 decided off the complaint Besides, the Motion to dismiss is not a pleading, it is a motion There are different facts and legal bases for each
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)
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
Clarification on Counterclaim and “Leave to File? 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
IN CALIFORNIA: Is a counter claim the same as a cross claim or cross . . . 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 side of a business deal, and Party C sued Party A Then Party A said no, it's Party B's fault, cross complaints Party B I'm not an attorney, but I hope this makes sense
How do I make a Counterclaim after filing answer and near trial date . . . 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 weeks Trial is set in 4 weeks In the interim, I uncovered information that seems to give rise to me filing a counterclaim against plaintiff
What happens to my counterclaim in Virginia circuit court? 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 answer and counterclaim I reject plaintiffs agreed to order of nonsuit because it includes language that all counterclaims will be dismissed as well