JurisDraft

Litigation & Court Documents

How to Write a Counterclaim

A counterclaim turns a defendant into a plaintiff on their own claim — and in many cases, has to be raised now or not at all.

5 min read

A counterclaim is a claim the defendant brings against the plaintiff in the same lawsuit — effectively suing back within the existing case rather than filing a separate action.

Compulsory vs. permissive counterclaims

A compulsory counterclaim arises from the same transaction or occurrence as the plaintiff's claim and generally must be raised now or it's lost. A permissive counterclaim is unrelated and can be brought here or in a separate case.

Plead it like its own complaint

A counterclaim needs the same elements as any complaint — specific facts supporting each element of the claim, not just a general assertion that the plaintiff also did something wrong.

It's filed within the answer, on a deadline

Counterclaims are typically included with the answer to the original complaint, on the same response deadline — missing that deadline can mean losing a compulsory counterclaim entirely.

Consider the leverage it creates

Beyond the claim's own merits, a well-supported counterclaim often shifts settlement dynamics — a plaintiff facing their own exposure has more incentive to resolve the whole dispute rather than push forward.

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Civil Litigation

Complaints, answers, and motions for civil litigation matters.