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  1. 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 …

  2. 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 …

  3. 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 …

  4. 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 …

  5. IN CALIFORNIA: Is a counter claim the same as a cross claim or cross ...

    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 side of a …

  6. 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 …

  7. 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, …

  8. How do I make a Counterclaim after filing answer and near trial date ...

    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 weeks. Trial is …

  9. 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 …

  10. 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).