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 …
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 …
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 …
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 …
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 …
Must a Plaintiff Answer a Counterclaim or Deny Allegations?
When a plaintiff receives a counterclaim, they must respond within the court’s specified deadline, typically by filing an answer or motion. Failure to respond may result in the court treating the …
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).
In a counterclaim, is the plaintiff now the defendant and am I, the ...
Aug 17, 2016 · In a counterclaim, is the plaintiff now the defendant and am I, the defendant in the original claim, now the plaintiff? Do I now refer to the plaintiff of the original claim as defendant when …
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 …
Can an Amendment to Answer and Counter Claim be filed at any time ...
Oct 9, 2012 · The court accepted the amendment to answer and counterclaim. We also received an official notice from the court which stated that the plaintiff's attorney would be granted an additional …