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In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include:
In law, a reply is a legal document written by a party specifically replying to a responsive declaration and in some cases an answer.A reply may be written when a party or non-moving party (the party who is not requesting relief from the court) is asserting a counterclaim or the court has ordered a reply.
The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "third party complaint", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages ...
It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.
The Twombly court criticized the modern notice pleading standard derived from the landmark 1957 Conley v. Gibson decision, which had ruled that a complaint should not be dismissed at the pleading stage, "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief". [8]
The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action.
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer. Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the ...