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Permissive counterclaims comprise "any claim that is not compulsory." [2] Such claims may be brought, but no rights are waived if they are not. Courts rarely give permissive counterclaims the necessary supplemental jurisdiction to be brought. [citation needed] A claim is a compulsory counterclaim if, at the time of serving the pleading,
The Ohio Court of Claims was created in 1975 by the passage of the Court of Claims Act. The Court was created to replace the Sundry Claims Board which existed from 1917 through 1975. The Board was considered inadequate for hearing claims against the state for a number of reasons, including that the Attorney General both sat on the Board and had ...
Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
Any counterclaims may be brought, even if they are not compulsory (permissive counterclaims), however a crossclaim (claims against a coparty), while not compulsory, must arise out of the same transaction or occurrence of the original suit or a counterclaim, or it must relate to the property in the original suit.
For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue ...
Ancillary jurisdiction is a form of supplemental jurisdiction that allows a United States federal court to hear non-federal claims sufficiently logically dependent on a federal "anchor claim" (i.e., a federal claim serving as the basis for supplemental jurisdiction), despite that such courts would otherwise lack jurisdiction over such claims.
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.