Counterclaims, Cross Claims, and Third-Party Claims

A counterclaim is a lawsuit filed by the defendant against the plaintiff within the original case. A counterclaim is the defendant's opportunity to raise claims against the plaintiff for the same series of events  (compulsory counterclaim) or the same subject matter (permissive counterclaim). It is very important that you file a Counter-claim, if your goal is to request something from the Court. Otherwise, you likely will not get the outcome that you desire. 
For example:
in a domestic case (divorce), maybe the petitioner did not make any provisions for alimony for the respondent (because they do not want to pay it). If the respondent wants to ask for alimony, they must file a counterclaim. The same principal applies to Motions, it is not enough to simply file a Response, you must also file a counter-motion if you want to ask for something.

Counterclaims are governed by Rule 13 of the Utah Rules of Civil Procedure.
A party may also choose to bring other parties into the case using a cross-claim or third-party claim (maybe that other person is partly or completely liable and you were the wrong party to sue) Bringing in additional parties can be complicated; You should contact an attorney as the Court Rules get very complicated and a mistake can ruin your case.

The counterclaim, cross-claim or third-party claim must meet all of the requirements of a complaint. Our attorneys can draft the necessary language needed to protect your interests. 

The information contained on this website is not a substitute for legal advice. It is important to remember that all cases are fact specific.

LAW OFFICE OF GAVIN V. COLLIER