Civil Procedure
Counterclaim
A claim brought by a defendant against the plaintiff within the same lawsuit.
Governing rule: Fed. R. Civ. P. 13
Plain-English definition
A counterclaim turns the defendant into a claimant too. Some counterclaims are compulsory, meaning they arise from the same transaction or occurrence and generally must be brought in the current case or risk being lost. Others are permissive and can be brought separately.
How it works
Counterclaims usually appear in the answer. The opposing party must respond, and the case proceeds with claims moving in both directions.
Why it matters
Counterclaims change leverage. A defendant who was only defending may now seek damages or declaratory relief from the plaintiff.
Related terms
More in Civil Procedure
Amended Complaint
A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.
Answer
The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.
Class Certification
The judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.
Collateral Estoppel
Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.
Complaint
The initial pleading filed by the plaintiff that starts a civil lawsuit.
Consolidation
Combining related cases for coordinated management, discovery, hearings, or trial.
Crossclaim
A claim by one party against a co-party, such as one defendant suing another defendant in the same case.
Default
A clerk or court entry showing that a party failed to plead, defend, or otherwise respond as required.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.