Counterclaim / Cross-Claim

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE INFORMATION

County *

File No. *

Division

Plaintiff Name *

Defendant / Counterclaimant Name *

Date of Original Complaint

03TYPE OF CLAIM

Select Type *

Counterclaim: Defendant asserts claims against Plaintiff. Filed with the Answer under Rule 13(a)/(b).

04PARTIES TO THIS CLAIM

Counterclaimant / Cross-Claimant Name *

Counter-Defendant / Cross-Defendant Name *

05CLAIMS

06AMOUNT IN CONTROVERSY

Dollar Amount Sought (leave blank if not a damages claim)

07DEMAND FOR JURY TRIAL

Counterclaimant/Cross-Claimant hereby demands trial by jury on all issues so triable pursuant to N.C.R. Civ. P. Rule 38(b).

08RELIEF REQUESTED

Money damages Specific performance Injunctive relief Declaratory judgment Costs and attorney fees Such other and further relief as the Court deems just and proper

09CERTIFICATE OF SERVICE

Date Served *

Served Upon *

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RULE 13 CHECKLIST

A compulsory counterclaim (Rule 13(a)) must be pleaded or it is waived — it arises out of the same transaction or occurrence
A permissive counterclaim (Rule 13(b)) may be pleaded but is not required
Cross-claims are between co-parties — e.g., co-defendants (Rule 13(g))
The counterclaim should be filed with the Answer, or by leave of court thereafter
Each claim must have factual basis alleged — conclusory statements are insufficient

STATUTORY REFERENCE

Rule 13(a)Compulsory counterclaim

Rule 13(b)Permissive counterclaim

Rule 13(g)Cross-claim against co-party

Rule 13(h)Joinder of additional parties

Rule 15(a)Amended pleading by leave of court

NEED AN ATTORNEY?

This pleading must be signed by a licensed NC attorney
Barker Richardson, PLLC → for civil litigation