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In this video we will discuss counterclaims in federal court to understand a counterclaim remember the plaintiff has brought a claim against the defendant but now in the same case the defendant brings a claim a counterclaim against the plaintiff now we can call the original plaintiff a plaintiff counterclaim defendant and the original defendant a defendant counterclaim plaintiff in the United States federal courts rule 13 of the Federal Rules of Civil Procedure provide for two types of counterclaims the two types of counterclaims in federal courts are compulsory counterclaims and permissive counterclaims compulsory counterclaims are claims that are mandatory the defendant must raise those counterclaims are mandatory if they arise out of the same transaction or occurrence as the original claim so let's say we have a Debbie who will be our defendant and patty who will be our plaintiff and Patty and Debbie have a contract patty thinks that Debbie broke the contract or breached the contract so patty starts a lawsuit and in her complaint she alleges that Debbie is liable for breach of contract, but Debbie says she did nothing wrong and that it was Patty who is liable for breaching the contract so now in response to Patty's original claim that Debbie breached the contract Debbie can bring a counterclaim against patty this would be called a compulsory counterclaim because Debbie alleges that patty breached the same contract that patty alleges that Debbie breached Debbie's Dr claim against Patty is based on the same contract as in Patty's claim therefore we would say the counterclaim arises from the same transaction, and we would call it a compulsory counterclaim but let's say Debbie is careless, and she forgets to bring her compulsory counterclaim against patty the consequences for Debbie are severe because a party that fails to bring a compulsory counterclaim loses that claim forever a defendant must bring her compulsory counterclaims against the plaintiff in the same case in the same court otherwise the defendants claims are lost forever permissive counterclaims are optional for example remember our original claim by patty against Debbie is for breach of the contract but let's say Debbie has some unrelated claims against patty for example there might have been a car accident or a personal injury case Debbie has the option of bringing her non-compulsory counterclaims for example negligence or assault against patty in the same case by requiring parties to bring compulsory counterclaims and allowing parties to bring permissive counterclaims the federal courts encourage counterclaims for reasons of efficiency the Federal Rules encourage parties to settle all disputes in one case in front of one judge if you'd like to discuss counterclaims or any other matter related to US law stop by the message board, and please visit my blog also feel free to email me
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