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District court — civil · Pleadings

Counterclaim / Crossclaim

Asserts a claim against an opposing party (counterclaim) or a co-party (crossclaim).

Filed by: Defendant or co-party

Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.

What it must include

  • Usually pleaded in the answer
  • Statement of each claim and demand for relief (FRCP 8(a))
  • Compulsory counterclaims arising from the same transaction must be stated (FRCP 13(a))
  • Signature of attorney of record with address, email and phone (FRCP 11(a))
  • Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Deadline and length

Deadline: Answer to a counterclaim or crossclaim due 21 days after service (FRCP 12(a)(1)(B)).

Governing rules

  • FRCP 13
  • FRCP 8(a)
  • FRCP 12(a)(1)(B)

Check the local rules for

  • Font, spacing, margin and page-limit rules

Applies in federal district courts. Find your court for its local requirements.

Other pleadings

Draft this filing in DraftAria.

Court-formatted template with this checklist built in, and brackets where your matter details go.