Counterclaim

What counterclaim means

Put simply, counterclaim definition is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where counterclaim definition comes up

For example, the term appears in these procedures:

• Counterclaim (Fed. R. Civ. P. 13(a)–(b)): a claim a defending party asserts against the opposing party.

How to research the term

Start with the primary source. For example, if counterclaim definition appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read counterclaim definition in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Complaint: the pleading that starts a civil case by stating the plaintiff's claims and the relief requested.
• Continuance: postponement of a hearing, trial or deadline.
• Crossclaim: a claim by one party against a coparty, such as one defendant against another.
• Damages: money awarded to compensate for a loss or injury.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.