Joinder Flashcards
1
Q
What is a counterclaim?
A
It is a claim by one party against an opposing party seeking some affirmative relief.
2
Q
What is a compulsory counterclaim?
A
It MUST be asserted against P in pending action or barred from bringing up again.
It must:
- arise out of the same transaction or occurrence that is the subject of the principal action
- be within the jurisdiction of the court
- not be the subject of a pending action at the time counterclaim is filed
- be a claim that the pleader has at time of filing; and
- not require 3rd parties’ presence
3
Q
What is a crossclaim?
A
It is a claim by one party against a co-party. It must arise out of the same transaction or occurrence that is the subject matter of the original action. *Generally, permissive.
