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  1. 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 …

  2. 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 …

  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 …

  4. 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 …

  5. 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 …

  6. 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 …

  7. Can a motion to dismiss and counter/cross claim be on the same …

    Aug 2, 2013 · 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 …

  8. 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 …

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

    Sep 25, 2013 · The term for the type of pleading needed, is a cross complaint. The terms cross claim and counter claim are terms that can be used to describe certain situations etc, but they …

  10. How do I make a Counterclaim after filing answer and near trial …

    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 …