Thx for this. Is there the same time constraint on a permissive cross claim, and what if defendant was not served anything formally? Never mind. You answered at 13(g). That's too bad bec a lot of times this stuff such as a co-party doesn't come out until discovery phase.
now does this work in and administrative setting? example: (P)- UC non fraud overpayment (D)- appealed and is now going to the referee, file a counterclaim before the hearing? ( I have a strong case for I.I.E.D i think if i understood what i was researching)
I’m being sued for the partition of my home in the sale. At the time I was engaged and then a tricky position I gave the petitioner a $30,000 loan and put him on the deed of my home and I’m alone as well.. I would’ve never taken out so much money. If I didn’t think that we were getting married as we were engaged, what would be the best counter claim for the situation to put myself in the standing that I was before he came into the picture
When you say "at the time of service," does the defendant literally have to go into his office and type something up that moment or is there a grace period?
I believe that part was explained incorrectly. In saying "at the time of service," Rule 13(a) requires that the cause of action which the defendant is counterclaiming had already existed at the time of the pleadings. Like D can't counterclaim against P for something that happened after the time of service; they must be claiming for something that had already happened before they were served with the lawsuit.
your ability to teach is needed out here
Thanks for the lesson. I learned something.
Thank you for educating great job
Great video!
What if they Plaintiff does not Respond to your counter claims? What rules govern the default process? Is it just your standard default rules?
helped a lot, thanks!
Thanks! Super helpful
Great video
came back to say this is still great.
Thank you!
Good job!
Thx for this. Is there the same time constraint on a permissive cross claim, and what if defendant was not served anything formally? Never mind. You answered at 13(g). That's too bad bec a lot of times this stuff such as a co-party doesn't come out until discovery phase.
Much appreciated
now does this work in and administrative setting? example: (P)- UC non fraud overpayment (D)- appealed and is now going to the referee, file a counterclaim before the hearing? ( I have a strong case for I.I.E.D i think if i understood what i was researching)
Why is the word MAY, but not MUST under 13 (g)? Isn’t the point of FRCP is to create efficiency?
I’m being sued for the partition of my home in the sale. At the time I was engaged and then a tricky position I gave the petitioner a $30,000 loan and put him on the deed of my home and I’m alone as well.. I would’ve never taken out so much money. If I didn’t think that we were getting married as we were engaged, what would be the best counter claim for the situation to put myself in the standing that I was before he came into the picture
is this ontario or US
👍
When you say "at the time of service," does the defendant literally have to go into his office and type something up that moment or is there a grace period?
I believe that part was explained incorrectly. In saying "at the time of service," Rule 13(a) requires that the cause of action which the defendant is counterclaiming had already existed at the time of the pleadings. Like D can't counterclaim against P for something that happened after the time of service; they must be claiming for something that had already happened before they were served with the lawsuit.
I think he means the counterclaim must be included in his/her answer to the complaint.