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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 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 …

  4. 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 …

  5. 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 …

  6. 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).

  7. NJ Civil Litigation Lawyer: Answer and Counterclaim Form Guidance

    Customer: Second Opinion] Civil NJ pro se How and when does a plaintiff respond to defendant's answer and counterclaims? Thank you.

  8. Deadline to File a Counterclaim in Texas Civil Lawsuit - JustAnswer

    The counterclaim should be included in the defendant’s original answer or as a separate pleading if allowed. Timely filing is crucial to preserve claims and defenses. Check local court rules and the …

  9. How long do I have to file a counterclaim, if I didnt do so when I ...

    Oct 15, 2013 · Generally, a counterclaim that you know about when you answer should be filed with the answer. If it was undiscovered at the time you filed the answer, or acquired after you answered, you …

  10. If a compulsory counterclaim was filed too late (after answer time ...

    Aug 30, 2017 · If a compulsory counterclaim was filed too late (after answer time expired), do I file a motion to dismiss or motion to strike? Unlimited civil case; if the opposing side filed a compulsory …