|
In civil procedure, a party's claim is a counterclaim if the defending party has previously (in the present action) made a claim against the claiming party. Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. ==Under the United States Federal Rules of Civil Procedure== In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant against the plaintiff; *a claim by an impleaded third-party defendant against the original defendant acting as a third-party plaintiff; *a claim by any party against another party who has made a crossclaim against him 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Counterclaim」の詳細全文を読む スポンサード リンク
|