Civil procedure
Counterclaim
A counterclaim is a claim the defendant files back against the plaintiff in the same lawsuit.
Compulsory counterclaims arise from the same transaction as the plaintiff's claim, and a defendant who does not raise one generally loses it forever. Permissive counterclaims are unrelated claims the defendant may bring along if the court has jurisdiction over them.
Once a counterclaim is filed, the plaintiff must answer it, and the case has two sets of claims moving in opposite directions. Settlement talk changes tone quickly when the plaintiff becomes a defendant too.
It also changes the arithmetic of dismissal. A plaintiff who wants to walk away cannot simply drop the case once a counterclaim is on file, because the defendant's own claims survive and must be resolved or dismissed on their own terms.
How it appears on a docket
ANSWER to Complaint and COUNTERCLAIM against Maria Rodriguez, filed by Acme Logistics, Inc. Plaintiff's answer to counterclaim due 12/6/2025.
Governing rule
Fed. R. Civ. P. 13
Related terms
- Answer — An answer is the defendant's written response to a complaint, admitting or denying each allegation and raising any defenses.
- Crossclaim — A crossclaim is a claim filed by one party against a co-party on the same side of the case, such as one defendant suing another.
More on civil procedure
See this term in a real case
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