Counterclaim

counterclaim meaning

A counterclaim is the proper method for a defendant to assert his own claim against a claimant. One document will include both the defence and the counterclaim. A counterclaim against a claimant requires the defendant to provide counterclaim particulars alongside his defence. The counterclaim should follow the response to the defence in a single document.

Making a Counterclaim

A defendant who makes such a counterclaim need not get the court's approval to do so. But, once a defence has been submitted, the defendant cannot bring a counterclaim without the court's approval. The request for approval must be submitted in writing. The claimant (who cannot choose to acknowledge service) must respond to the counterclaim within the customary 14-day time frame by filing a defence to counterclaim. In most cases, this will include both an attack and a counterattack (to the counterclaim). Claimant's failure to respond to the counterclaim gives defendant the right to enter judgement in default. Hence, if the plaintiff needs additional time to respond to the defendant's counterclaim, he should ask for an extension. In addition to the initial 14-day term, the parties may agree to an extension of up to 28 days.

Rules for making counterclaims

To make a counterclaim, the party must file a separate document with the court outlining their claim and the grounds on which it is being made. It is important that the counterclaim is related to the claim brought by the opposing party and that it falls within the jurisdiction of the court. The counterclaim must also be brought within the time limit set out by the court rules, which can vary depending on the type of claim. Failure to meet the time limit may result in the counterclaim being struck out. Furthermore, the court may allocate separate hearing dates for the counterclaim and the original claim, which means that the counterclaimant must attend court on more than one occasion.

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