Civil Litigation I: Chapter 5 - Pleadings, Counterclaims, Crossclaims, and Third-Party Practice

COUNTERCLAIMS

• Definition:
  • A counterclaim is a claim made by a defendant against the plaintiff within the same lawsuit.
  • Functionally identical to a complaint but included as part of the answer.

PLAINTIFF'S RESPONSE TO A COUNTERCLAIM

• Upon a defendant asserting a counterclaim, the plaintiff must respond.
• Options for response:
  1. Reply to the counterclaim: Similar to answering a complaint.
  2. File a Rule 12 motion: This could include a motion to dismiss, motion to strike, or a motion for a more definite statement.

TYPES OF COUNTERCLAIMS

• Compulsory Counterclaims: Need to be brought against the plaintiff; failure to do so waives the right to bring this claim in future actions.
• Permissive Counterclaims: Optional claims that the defendant may choose to bring.

COUNTERCLAIM WAIVER

• Compulsory counterclaims can be waived if the defendant does not plead them.
• This results in a bar to bring that claim later in a different action.

COUNTERCLAIM PRACTICE TIPS

• Drafting a counterclaim:
  • Must be formatted like a complaint.
  • Typically titled “Answer and Counterclaim.”
  • Use separate headings for clarity.
  • Include a jury demand if desired to prevent waiver.

EXAMPLE OF A COUNTERCLAIM

• Format for Counterclaim:
  • For permissive counterclaims, include jurisdictional basis if in federal court.
  • Draft similarly to any standard complaint.

REPLIES TO COUNTERCLAIMS

• When a counterclaim is asserted, the plaintiff must reply.
• A reply consists of the plaintiff's answers (truth, denial, or DKI - don’t know information).
• May include Rule 12 defenses and affirmative defenses.
• Formatting: Similar to an answer, titled “Reply.”

CROSS-CLAIMS

• Definition: A cross-claim is brought by one codefendant against another.
• Cross-claims are discretionary and can be introduced in the same action or a separate one without risk of waiver.
• Must arise from the same transaction or occurrence as the original complaint or related claims.

THIRD-PARTY PRACTICE (IMPLEADER)

• Definition: Bringing in new parties that may be liable to a defendant for some or all of a judgment.
• Third-party complaint: Filed by the defendant against a new party.
  • The original defendant becomes a third-party plaintiff and the newly added parties are third-party defendants.
• This aspect differs from counterclaims, which only involve existing parties.

EXAMPLE OF A THIRD-PARTY COMPLAINT

• Format:
  • Include the original complaint reference.
  • Defendant Johnson seeks judgment against third-party defendant Frank Jones for sums claimed by the plaintiff against Johnson.

AMENDING A PLEADING

• Parties can amend their pleadings once before a responsive pleading is made.
• If no response is permitted, an amendment can occur within 21 days after service unless trial is already of the calendar.
• Rule 15(a): Allows amendments by leave of court.
• Relation back doctrine: Allows amended pleadings to be considered as filed at the time of the original pleading for statute of limitations purposes.