Consideration of cases in court when filing a counterclaim

Any defendant in, who also has certain reasonable requirements for the plaintiff, has the right to file a counterclaim. Typically, the need for a counterclaim arises in a situation where a contract has been concluded between the parties, in the course of which mutual claims have arisen. At the same time, a counterclaim can perform several tasks at once, among which is the compensation of the mutual claims of the parties, an objective consideration of a civil case by the court, taking into account all relevant circumstances.

When can I file a counterclaim?


The procedure for filing a counter claim in civil proceedings by the defendant is regulated by Articles 137, 138 of the Civil Procedure Code of the Russian Federation. The defendant can exercise the right to such filing at any time, but it should be done before making a final decision on the case.If a substantiated counterclaim is accepted for consideration by the court, then the claims of the claimant and the defendant will be considered jointly, and the court decision will record the conclusions of the court regarding each of them. It should be borne in mind that in order to accept a counterclaim in court proceedings, the defendant must comply with the requirements established by procedural legislation on the form and content of the usual claim. Only in this case, you can count on the consideration of such a requirement.

Under what conditions is a counterclaim accepted?


In addition to the general requirements for claims, the law imposes a number of special conditions, in the presence of any of which it becomes possible to bring a counterclaim. So, the counterclaim can be sent to mutual offset with the requirements set forth in the initial claim. In addition, in some cases, the satisfaction of the counterclaim of the defendant excludes the possibility of making a positive decision on the main claim. Finally, the counterclaim is accepted when the requirements of the claimant and the defendant have a significant connection, which predetermines the need for their joint consideration.The presence of one of the listed circumstances is determined by the court, and if they are not available, the acceptance of a counter-claim can be refused. In this case, the defendant will be able to initiate a separate civil case by filing a claim in a general manner.


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