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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.


References in periodicals archive ?
Sheets, a case from 1941 in which the Supreme Court held a plaintiff can't remove a case to federal court, even if it becomes a counterclaim defendant.
The four patent counterclaims relate to methods for data compression, navigating menus via a graphical menu tree, verification of electronically delivered data objects, and monitoring and recovering subsystems in a distributed or clustered system.
The counterclaim states that the company supervised the application to re-register SPSS as a trademark owned by Nie and Hull as recently as 2002.
This release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements about the merits of a counterclaim and the expected starting date of the trial.
Moyco believes that there is a significant percentage of Dentsply instruments that fall below the allowed tolerance and are therefore subject to the patent infringement claims set forth in its counterclaim.
State Court: Courts have held that they are not bound by the waiver-of-counter-claims clause and will disregard such waiver where the counterclaim appears "intertwined" with the landlord's claim.
granted KBF's motion to dismiss Solucorp's counterclaims against KBF.
12 /PRNewswire/ -- Brunswick Corporation (NYSE: BC) announced today that it has filed a counterclaim in the United States District Court in Little Rock, Ark.
On April 5, 2006, Colt filed an answer and counterclaim in response to BPI's complaint.
TORONTO -- McGroarty's Counterclaim against Ontex is dismissed with costs in favour of Ontex
In its anti-trust counterclaim, Chrome Specialties maintained that Custom Chrome intentionally failed to disclose material information to the United States Patent and Trademark Office, which enabled it to fraudulently obtain the subject patents.