Joinder

Question 1

What is a counterclaim?

Answer 1

It is a claim by one party against an opposing party seeking some affirmative relief.

Question 2

What is a compulsory counterclaim?

Answer 2

It MUST be asserted against P in pending action or barred from bringing up again.

It must:

1. arise out of the same transaction or occurrence that is the subject of the principal action
2. be within the jurisdiction of the court
3. not be the subject of a pending action at the time counterclaim is filed
4. be a claim that the pleader has at time of filing; and
5. not require 3rd parties’ presence

Question 3

What is a crossclaim?

Answer 3

It is a claim by one party against a co-party. It must arise out of the same transaction or occurrence that is the subject matter of the original action. *Generally, permissive.