Lecture 2

Question 1

FRCP 13 (a) states that

Answer 1

a pleading must state as a counterclaim any claim that at the time of services - the pleader has against an opposing party if the claim

(a) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim

(b) does not require adding another party whom the court has no jx.

Question 2

What does FRCP 13 (b) state?

Answer 2

a pleading may state as a counter claim against an opposing party that is not compulsory

Question 3

FRCP 13 (b)

Answer 3

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory

Question 4

What is a counterclaim?

Answer 4

it is a claim that the defendant asserts where the defendant asserts own claim for relief (not affirmative defense or denial)

Question 5

What is FRCP 13 (g)

Answer 5

A pleading may state as a crossclaim any claim by one party against a co-party:

if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim,

or if the claim relates to any property that is the subject matter of the original action.

The crossclaim may include a claim that the coparty is or may be liable to the cross claimant for all or part of the claim asserted in the action against the crossclaimant.

Question 6

What are some purported tests for “same transaction or occurrence?”

Answer 6

1. are issues of law and fact in the claim and counterclaim largely the same?
2. would res judicata bar a subsequent suit on the party’s counterclaim, absent he conpultsoty counterclaim rule?
3. will substantially the same evidence support off refute the counter claim
4. is there a logical relationship between the claim and counterclaim?

Question 7

When can a defending party bring in a third party? frcp 14

Answer 7

1. a defending party, as a third party plaintiff serve a summons and complaint on a non-party who is or may be liable to it for all or part of the claim, but must do so with court’s leave if it files the third party complaint more than 14 days after serving its original answer.

Any party may move to strike the third party claim, to sever it, or to try it separately

Question 9

What does 13 (h) state?

Answer 9

13 (h) authorizes the addition of new parties to a counterclaim or cross claim if the claim against the added party satisfies the standard for joinder in rule 19 or rule 20.