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 Counterclaim

 

 United States District Court
 District of Columbia

 

Stated At The Time of Pleading

Claim Maturing After Responsive Pleading

The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was more...

Amendment To Assert Omitted Counterclaim

The court may permit a party to amend a pleading to add a counterclaim if it was omitted more...

Calculating the Due Date or Deadline Pursuant to the FRCP

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed more...

When determining the last day of a filing period stated in days, a day on which the clerk's more...

The end of the last day of a period is defined as midnight in the court's time zone more...

In determining what is the "next" day, one must continue counting in the same direction - that is, more...

Legal holidays are set forth and defined at Rule 6(a)(6). . more...

Permissive and Compulsory Counterclaims

Permissive

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory. more...

Compulsory

A pleading must state as a counterclaim any claim that -- at the time of its service -- more...

The pleader need not state the claim if: more...

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Joinder

Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim. more...

Relief Sought in Counterclaim

A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the more...

Counterclaim Against United States

These rules do not expand the right to assert a counterclaim -- or to claim a credit -- more...

Statement of Jurisdiction

A pleading that states a claim for relief must contain a short and plain statement of the grounds more...

Statement of Claim for Relief

Each claim for relief must contain a "short and plain" statement of the claim showing that the pleader more...

Each allegation must be simple, concise, and direct. No technical form is required. . more...

Statement of Claims and Defenses

Paragraphs, Separate Statements

A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to more...

Adoption By Reference, Exhibits

A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any more...

Separate Counts

A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to more...

Alternative and Inconsistent Claims

Each allegation must be simple, concise, and direct. No technical form is required. more...

Alternative Statements of a Claim or Defense

A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either more...

Inconsistent Claims or Defenses

A party may state as many separate claims or defenses as it has, regardless of consistency. . more...

Construing Pleadings

Pleadings must be construed so as to do justice. . more...

Capacity and Authority

Except when required to show that the court has jurisdiction, a pleading need not allege: more...

A partys capacity to sue or be sued; more...

A partys authority to sue or be sued in a representative capacity; or more...

The legal existence of an organized association of persons that is made a party. . more...

Raising Those Issues

To raise any of those issues, a party must do so by a specific denial, which must state more...

Heightened Pleading Requirements

Rule 9 imposes heightened pleading requirements for, among other things, averments regarding fraud, conditions precedent, and special damages. more...

Actions Challenging The Constitutionality of a Statute

There are special notice and certification procedures for actions that challenge the constitutionality of a statute. (Federal Rule of Civil Procedure 5.1 implements 28 U.S.C. Section 2403 and replaces the former final three sentences more...

Prayer For Relief

A pleading that states a claim for relief must contain a demand for the relief sought, which may more...

Jury Demand

On any issue triable of right by a jury, a party may demand a jury trial by: more...

Serving the other parties with a written demand which may be included in a pleading no later than more...

Filing the demand in accordance with Rule 5(d). . more...

District of Columbia SmartRules procedural guide: JURY DEMAND. more...

Class Action Allegations

In any case sought to be maintained as a class action, the complaint must contain a separate heading more...

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Local Rule 23.1(a) applies, with appropriate modifications, to counterclaims and cross claims alleged to be brought for or more...

Caption

Every pleading must have a caption with the court's name, a title, a file number, and a Rule more...

Caption Must Include Addresses of Parties

A party's first full pleading must include its name and full residence address in the caption.If a party is sued in an official capacity, the party's official address must be used. more...

No Non-Essential Attachments

Only documents essential to a determination of the action may be attached to a complaint, amended complaint, counterclaim, more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Include Attorney Address and Bar Number

Every paper signed by an attorney must contain their name, address, telephone number, and, if the attorney is more...

Signature on Electronic Documents

The user log-in and password required to submit documents to the ECF system serve as the user's signature more...

Additional Requirements

District of Columbia SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Additional Documents

Summons

With respect to any party who has not yet appeared in the action, a completed summons must be more...

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request more...

Supplemental Filing

A party must promptly file a supplemental disclosure statement if any required information changes.. more...

Contents

A nongovernmental corporate party must file 2 copies of a disclosure statement that identifies any parent corporation and more...

Disclosure of Corporate Affiliations and Financial Interests

In cases in which a corporation is a party or an intervenor, counsel to that party or intervenor more...

Register for ECF Program and PACER Account

The registration form for the District's Electronic Case Filing ("ECF") Program is available online at . more...

Other Documents

The court may supply additional documents that must be served with the Counterclaim. more...

ECF Requirements--Amended Complaints, Third Party Complaints, Counterclaims, and Crossclaims

Amended complaints, third party complaints, counterclaims, and crossclaims are filed as PDF files by attaching them to an more...

Other Filing Rules

A counterclaim must be filed with the court within a reasonable time after service, together with proof of more...

Service

Counterclaims must be served on all parties to the action. . Service may be made by mail or personal delivery, or, with consent of the party being served, by more...

Parties Who Have Not Yet Appeared

As to any party who has not yet appeared in the action, the counterclaim and summons must be more...

Issuance of Summons

When the counterclaim adding new parties is filed, the plaintiff presents the summons to the clerk, the clerk more...

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