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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. 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 …

  3. 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 …

  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. Can I make a counterclaim on a case and ask that my case be …

    Apr 18, 2024 · Can I make a counterclaim on a case and ask that my case be dismissed but still pursue my counterclaim? Facing neglect charges against state of WI. but there were key players that …

  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. 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).

  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. 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 …

  10. I have just been served a Response and Counterclaim to my Summons …

    Oct 23, 2023 · I file for divorce - I have been served with a response and counterclaim - In which they are asking for dismassal of my case and starting hers. Do I need to respond requesting that they …