counterclaim, compulsory

counterclaim, compulsory
n.
A claim arising out of the same subject matter as the plaintiff’s original claim and involving largely the same people; it must be made when the defendant answers the complaint.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

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  • compulsory — com·pul·so·ry /kəm pəl sə rē/ adj 1: required or compelled by law: mandatory obligatory compulsory arbitration compulsory insurance; specif: required to be brought or asserted in a pleading because of having arisen from the …   Law dictionary

  • counterclaim — coun·ter·claim / kau̇n tər ˌklām/ n: a claim for relief that is asserted against an opposing party after an original claim has been made compare affirmative defense at defense, cross action, cross appeal …   Law dictionary

  • Counterclaim — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • compulsory counterclaim — A demand of the defendant which must be pleaded in response to plaintiff s suit or be barred. 20 Am J2d Counlcl § 13; any claim which, at the time of serving the pleading, the pleader has against any opposing party, growing out of the occurrence… …   Ballentine's law dictionary

  • mandatory counterclaim — Same as compulsory counterclaim …   Ballentine's law dictionary

  • transaction test — transaction or occurrence test Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have… …   Black's law dictionary

  • occurrence test — transaction or occurrence test Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have… …   Black's law dictionary

  • transaction or occurrence test — Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have agreed that these words should be… …   Black's law dictionary

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