Also found in: Dictionary, Thesaurus, Medical, Legal, Wikipedia.
The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.



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.


The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Stern said that if Finnegan catches on and he thinks it will the template could be used in malicious prosecution counterclaims in any number of contexts, such as a medical-malpractice case in which a defendant mounts a successful challenge to the reliability of the plaintiff's expert witness and then cites such a finding to argue that the plaintiff lacked a reasonable belief in the viability of his claims.
After a three-day trial, 10 out of 12 jurors found for Maggini on his claims; none of them found for Turner on the counterclaims.
The record shows that starting on March 19, 2010, respondents sent appellant numerous emails referencing the counterclaim, several of which included copies of the pleadings, as well as requests for insurance information so appellant could receive coverage for defending the counterclaim.
The jury also dismissed the Hussain's counterclaim for trespass
Since then, the company has filed its counterclaims. Each side insists the other owes it millions of dollars, and that its opposition has been negligent.
* How well will the engagement stand up against a professional liability counterclaim? Assess the CPA firm's ability to defend the counterclaim.
And their aspect of the judgement emphasized on whether SALS should have a counterclaim joined to an originating application which the appellants in this case and others filled at the lower court.
Consider whether counterclaims for "stolen documents" have strategic value.Courts may be more willing to permit these type of counterclaims to go forward if companies can show there are independent damages resulting from the whistleblower's removal of corporate documents.
Instead, they filed a counterclaim against Stoerner, accusing him of sidestepping his responsibilities at the insurance agency.
The University of Oregon on Thursday dropped its recent counterclaim to a federal civil rights lawsuit filed by a student who says she was raped by three UO basketball players.
Carmarthenshire council chief executive Mark James has been granted a Charging Order on Jacqui Thompson's home for his libel damages arising from his own unlawfully funded counterclaim.
While I miscalculated the filing fee for the $20 million claim in the original article, the calculation of the administrative fee for the $5 million counterclaim would remain the same.