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What are the conditions and regulations for filing a counterclaim?

2026-09-19 18:54
2026-09-19 23:25

The following conditions and regulations must be met to file a counterclaim: 1. ** Counterclaim subject **: Counterclaims can only be brought by the defendant against the plaintiff. Counterclaims cannot occur between other participants. 2. ** Requirement for prosecution met **: - The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; - There is a clear defendant; - There are specific claims, facts and reasons; - It was within the scope of the people's court accepting civil litigation and under the jurisdiction of the people's court. 3. ** Requirements for jurisdiction **: Counterclaims can only be filed in the court that accepts the complaint. Otherwise, it may be a lawsuit instead of a counterclaim. Moreover, counterclaims cannot be under the exclusive jurisdiction of other courts. 4. ** Requirement of limitation of action **: The counterclaim has not exceeded the limitation of action. As an independent complaint, the counterclaim should be in accordance with the limitation of action. It cannot be considered that the counterclaim is naturally within the limitation of action. 5. ** Program Unity **: - The counterclaim must be of the same nature as the complaint and must be subject to the same proceedings. For example, if the counterclaim is of an administrative nature, the counterclaim cannot be established; if the counterclaim applies special procedures and the original complaint applies ordinary procedures, the counterclaim cannot be established; but the original complaint and the counterclaim apply ordinary procedures and summary procedures respectively, then they can be combined to form a counterclaim and apply ordinary procedures. 6. ** Relational Requirement **: The counterclaim and the claim of the lawsuit must be related in fact or law, and there must be a legal connection. Otherwise, they should be sued separately and cannot be tried together. 7. ** Time Requirement **: The counterclaim should be raised before the end of the court debate. After the case is accepted and before the end of the court debate, the counterclaim raised by the defendant can be combined with the additional claims of the plaintiff and the claims of a third party related to the case. Read more exciting novels for free

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