Sample Counterclaim Template for Civil Litigation

A counterclaim is a legal response filed by the defendant in a civil lawsuit, asserting their own claims against the plaintiff. It is filed in the same case as the original complaint and must follow proper legal formatting. Below is a sample counterclaim template to guide you in drafting your own counterclaim in civil litigation.

,
Plaintiff,
vs.
,
Defendant.
Case No.:
Counterclaim

Introduction

The Defendant, , by and through their undersigned counsel, hereby submits this Counterclaim in response to the Complaint filed by Plaintiff, , and respectfully states as follows:

1. Jurisdiction and Venue

1.1 This Court has jurisdiction over this Counterclaim pursuant to because .
1.2 Venue is proper in this Court pursuant to because .

2. Statement of Facts

2.1 On or about , Plaintiff filed a Complaint against Defendant alleging .
2.2 .
2.3 .

3. Legal Grounds for Counterclaim

3.1 Defendant asserts the following causes of action:

• Breach of Contract: .

• Negligence: .

• Fraud: .

3.2 .

4. Relief Sought

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss Plaintiff’s Complaint in its entirety, or in the alternative, reduce the damages sought.

2. Award Defendant compensatory damages in the amount of $ or as determined by the Court.

3. Grant any further relief the Court deems just and proper.

5. Affirmative Defenses

Defendant further asserts the following defenses to Plaintiff’s Complaint:

1. Plaintiff’s claims are barred by the statute of limitations.

2. Plaintiff’s claims are barred by estoppel.

3. Plaintiff failed to mitigate damages.

4. .

6. Verification

I, , verify under penalty of perjury that the statements made in this Counterclaim are true and correct to the best of my knowledge and belief.

Certificate of Service

I certify that a true and correct copy of this Counterclaim was served on at via on .

Final Thoughts

This template serves as a starting point for drafting a counterclaim in a civil case. Be thorough, strategic, and ensure compliance with all local court rules.

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