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In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include:
The claimant's defence to the counterclaim should be included in the same document ('Reply and Defence to Counterclaim') as the reply and shouldfollow on from the reply. [11] A claim for contribution or indemnity against another party is made by serving and filing a notice containing a statement of the nature and grounds of the claim.
In law, a reply is a legal document written by a party specifically replying to a responsive declaration and in some cases an answer.A reply may be written when a party or non-moving party (the party who is not requesting relief from the court) is asserting a counterclaim or the court has ordered a reply.
The rules provide that a party may file a counterclaim against the plaintiff. A counterclaim is often called a claim in reconvention. The same rules apply as those in the claim in convention. [80] The plea and counterclaim are set out in the same document or in two separate documents, filed and served at the same time.
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
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Title II covers commencement of civil suits and includes filing, summons, and service of process. Rule 3 provides that a civil action is commenced by filing a complaint with the court. Rule 4 deals with procedure for issuance of a summons , when the complaint is filed, and for the service of the summons and complaint on the defendants.