Counterclaim

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Counterclaim

 

in civil procedure, an independent actionable claim of the defendant against the plaintiff, filed with the court or the arbitration tribunal in a pending suit to be considered simultaneously with the original action. A counterclaim is a means of defense of the defendant against the action directed against him. In Soviet law it is admitted to the proceedings if it is aimed at offsetting the original action, if satisfaction of the counterclaim would fully or partially exclude satisfaction of the original action, or if there is an interrelationship between the counterclaim and the original action, and their simultaneous consideration would result in a more prompt and just hearing of the disputes. A counterclaim, regardless of the jurisdiction to which it is subject and in accordance with the general rules of bringing an action, is instituted in the court considering the original claim.

According to the legislation of the RSFSR and several other union republics, the defendant has the right to bring a counterclaim against the plaintiff before the court renders a decision on the original action. According to the legislation of the Ukrainian SSR, the defendant may bring a counterclaim no later than three days before the court session set for consideration of the original action. Acceptance of a counter-claim filed after the expiration of this term depends on the discretion of the judge. If a counterclaim was brought during consideration of the case on its merits, its acceptance depends on the court’s discretion.

In arbitration proceedings the defendant may bring a counterclaim before the beginning of consideration of the case on its merits. In arbitration procedure a counterclaim may be consolidated with the original action if the defendant observed the prescribed order of settling his claims against the plaintiff before turning to the arbitration tribunal and if there is a direct relationship between the counterclaim and the original action. Consolidation of the counterclaim with the original action contributes to a more complete and just consideration of the mutual rights and obligations of plaintiff and defendant in the examination and deciding of civil disputes.

P. P. GUREEV

References in periodicals archive ?
At the High Court in 2003, Brachers admitted negligence but said the counter-claim had no real chance of success and therefore the value of Mr and Mrs Browning's lost chance was nil or negligible.
The Paraiso restaurant in Praia Da Luz at the centre of counter-claims yesterday
If they are worth more, you should raise an action against the landlord for the value on the basis that he would probably counter-claim for the rent.
In her written judgment issued last month, Lady Cosgrove had also rejected a counter-claim by Celtic for Macari to pay for at least part of a fee given to Stoke City to release him from his contract there.
The trial court ruled Mattco created and produced fraudulent cost sheets in an effort to inflate its claim against GE and weaken GE's counter-claim against Mattco for procurement fraud.
Lawson has launched a pounds 260,000 counter-claim against Edmonds, 62, for unpaid work on another project.
The government in Sofia however was quick to point out that this is not a counter-claim to Moscow's lawsuit at an arbitration court in Paris, which is again on due payments on the nuclear project.
The Bradburys, who made a counter-claim, must pay pounds 400 costs.
The RFU has announced a withdrawal of parts of a legal counter-claim after they say Premier Rugby accepted it is legally bound by the June 2004 elite player squad agreement.
Tigana won a counter-claim that he was entitled to payments and share options worth over pounds 2.
Claim is inevitably followed by counter-claim, with counter-counter-claim not long afterwards, and, by that stage, the paint flaking off the wall begins to look fascinating.