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It's fine as long as the civil counterclaim states the facts, right?

It's fine as long as the civil counterclaim states the facts, right?

2026-09-12 21:24
1 answer

No way. When writing a civil counterclaim, in addition to stating the facts, it was also necessary to accurately list the basic information of the counterclaim and the counteraccused, including name, nationality, date of birth, address, citizen identification number, contact number, etc. They should clearly raise a counterclaim request, such as asking the court to order the counterclaim defendant to compensate the counterclaim plaintiff for breach of contract damages, bear the cost of the counterclaim, etc. Moreover, after the complaint, the list of evidence and the corresponding evidence materials must be provided to support the counterclaim. In addition, the facts and reasons section should not only state the facts of the case, but also give the corresponding legal basis and other aspects. Read more exciting novels for free

What are the contents and requirements of the civil counterclaim?

The contents and requirements of the civil counterclaim were as follows: ** 1. In terms of content ** 1. ** Basic information of the parties involved **: The name, gender, date of birth, nationality, position or occupation, address, contact information, etc. of the counter-defendant and the counter-defendant should be stated, and the status of the counter-defendant and the counter-defendant in this lawsuit should be indicated at the back. 2. ** Countercharge Request **: - Based on a legal fact or legal relationship that is related to the lawsuit. - The matters should be specific and clear. If there are multiple counterclaims, they should be listed separately. 3. [Facts and reasons: This is the core part.] - To objectively and accurately clarify the facts of the dispute between the parties or the legal facts of the counterclaim of the defendant (the plaintiff) against the counterclaim (the defendant). - It analyzed the nature of the dispute between the two parties, elaborated on the harmful results and degree of harm caused by the counterclaim defendant's behavior to the counterclaim, the benefits obtained by the counterclaim defendant or the losses suffered by the counterclaim, and provided strong evidence to support it. - Using the relevant legal provisions and legal principles, it elaborated on the legitimacy and legitimacy of the counterclaim request and the legal responsibility that the counterclaim defendant should bear. Finally, it requested the court to make a judgment according to the relevant legal provisions. To describe the facts, one must grasp the key points, be detailed and concise, and have clear levels. The legal provisions must be accurate and comprehensive. 4. ** Evidence and source of evidence, name and address of the witness **: State the name, number of pieces of evidence or evidence clues provided to the court to prove the case, and state the source of the evidence. If there is a witness, the name and address of the witness shall be stated. The evidence provided by the counterclaim must be authentic, legal, and related to the case dispute, and should be sufficient to support the counterclaim. ** 2. Requirements ** 1. ** Requirements for Counterclaim **: - This lawsuit is still in progress and needs to be countersued before the court debate ends. - The counterclaim does not belong to the exclusive jurisdiction of other courts, otherwise it cannot be combined with this lawsuit. - Counterclaims can be applied in the same procedure as the main complaint. - The counterclaim is incompatible with the main claim or one of the claims is a prerequisite for the other. 2. ** Requirement of implication **: The counterclaim and the claim of the original claim must be related in fact or law. The specific performance is that the claim is based on the same legal relationship, there is a causality between the claims, or the claims of the original claim and the counterclaim are based on the same facts. After the withdrawal of the lawsuit, the claims based on the counterclaim should be related to the lawsuit and should not exceed the scope of the lawsuit. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>

1 answer
2026-09-10 10:52

Is the lawsuit dismissed and the counterclaim established? How long will the trial take?

First of all, it was possible for a lawsuit to be rejected and a counterclaim to be established. For example, in some cases, one party's request for a lawsuit did not comply with the relevant legal provisions or the evidence was insufficient and was rejected, while the other party's counterclaim met the conditions and was established. As for how long the court session would take, the law did not specify how long it would take after the appeal. Generally, after an appeal, if the conditions for a lawsuit were met, the people's court would file a case within seven days and notify the party concerned. When the people's court of first instance receives the appeal petition, it shall send a copy of the appeal petition to the opposing party within five days. The opposing party shall submit a defense within fifteen days from the date of receipt. The people's court shall send a copy to the appellant within five days from the date of receiving the defense. If the other party does not submit a defense, it will not affect the hearing of the people's court. When the people's court of first instance receives the petition for appeal and the petition for defense, it shall submit it to the people's court of second instance together with all the files and evidence within five days. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>

1 answer
2026-09-10 03:57

What are the conditions for a counterclaim?

The following conditions must be met to file a counterclaim: 1. Counterclaims must meet the requirements of the lawsuit, that is, the plaintiff must be a citizen, legal person, or other organization that has a direct interest in the case; there must be a clear defendant; there must be specific claims, facts, and reasons; it must be within the scope of the people's court accepting civil litigation and under the jurisdiction of the people's court. 2. A counterclaim can only be brought by the defendant against the plaintiff in the court hearing the lawsuit, which means that the people's court hearing the lawsuit has jurisdiction over the counterclaim. 3. The counterclaim did not exceed the limitation of action. As an independent lawsuit, the counterclaim should comply with the legal provisions of the limitation of action. It could not be considered that the counterclaim was naturally within the limitation of action. 4. The counterclaim must be of the same nature as the complaint and must be subject to the same proceedings. For example, if a counterclaim is of an administrative nature, it cannot be established; if a counterclaim applies a special procedure and the original complaint applies an ordinary procedure, the counterclaim cannot be established; but the original complaint and the counterclaim apply an ordinary procedure and a summary procedure respectively, then they can be combined for trial. If the counterclaim is established, it shall be tried by the ordinary procedure. 5. Counterclaims should be filed before the end of the court debate. 6. The counterclaim must be based on the existence of this action. Without this action, there would be no counterclaim. If the plaintiff of this action requests to withdraw the lawsuit and is allowed before the defendant counterclaims, the defendant cannot raise a counterclaim. 7. The counterclaim is related to the main action, which means that the counterclaim and the main action's claim or cause of action are based on the same legal relationship or the same fact. 8. The counterclaim should be an independent claim, and its claim should be able to offset or annex the claim made by the plaintiff. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>

1 answer
2026-07-02 11:59

entrust a lawyer to counterclaim

1 answer
2026-09-12 08:41

Even if it's a brother, it's fine as long as there's love, right?

I'm not sure what you mean by 'novel booklets'. If you can provide more background or context information, I will try my best to answer your questions.

1 answer
2024-09-20 06:29

Who was right in civil war comics?

It's hard to say for sure. Different characters may have valid points depending on your perspective.

2 answers
2025-11-06 11:08

I recommend a few books about the Spring and Autumn Period and the Warring States Period. Historical facts and novels are fine.

The Spring and Autumn Period and the Warring States Period were an important period in ancient Chinese history. During this period, culture, history, politics and other fields left a rich cultural heritage. The following are a few recommended books about the Spring and Autumn Period and the Warring States Period: 1 Chun Qiu Fan Lu: A mathematical work written by Tang Dynasty mathematician Li Chunfeng. It contains an in-depth analysis of politics, economy, culture and other fields during the Spring and Autumn Period and the Warring States Period. It is an important material for studying ancient Chinese mathematics. 2 Records of the Historian: A historical work by Sima Qian of the Western Han Dynasty, which includes a detailed description of the Spring and Autumn Period and an analysis of historical events. It is a classic of ancient Chinese historical works. 3 << Strategy of the Warring States Period >>: The history book of the Warring States Period records the political struggles, military wars, diplomatic negotiations, and other stories in various fields during the Warring States Period. It is a history book full of wisdom, strategy, and imagination. 4. Records of the Eastern Zhou Dynasty: A historical work written by Zhang Shouren of the Tang Dynasty. It presents a rich and colorful historical picture scroll through the description of various countries during the Spring and Autumn Period and the Warring States Period. 5 " Spring and Autumn Fan Lu Bu Zhu ": A mathematical work written by Li Chunfeng of the Tang Dynasty. It contains supplementary notes and explanations on the politics, economy, culture and other fields of the Spring and Autumn and Warring States Period. It has an important influence on the development of ancient Chinese mathematics. These are some of the representative works of the Spring and Autumn Period and the Warring States Period. Of course, there are many other excellent books for you to choose from. I hope these recommendations will be helpful to you!

1 answer
2025-02-27 12:56

Causality between litigation and counterclaim

In a lawsuit, the causality between the counterclaim and the claim of the original lawsuit is one of the important conditions for the establishment of a counterclaim. If there is a causality between the original complaint and the counterclaim, it may satisfy the requirements for the establishment of the counterclaim. For example, if one party filed a lawsuit to ask the other party to pay the rent owed (this lawsuit), and the other party claimed that the rent was not paid because the ceiling fell off and injured himself, and then asked the owner of the house to compensate for personal injury (counterclaim), this reflected the causality between the lawsuit and the counterclaim. In addition, the purpose of the counterclaim is to withdraw or annex all or part of the claims of the plaintiffs. The counterclaim must meet certain conditions before it can be combined with the original claim. One of the conditions is that there is a causality between the original claim and the counterclaim. At the same time, the parties of the counterclaim should be limited to the scope of the parties of the original claim. Moreover, the original claim and the counterclaim must be based on the same legal relationship or the same legal facts. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>

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2026-07-14 15:26

Counterclaim falsified evidence of loss

In a civil lawsuit, if the counterclaim falsified evidence, the first thing to consider was whether the counterclaim was related to the lawsuit. If the counterparty falsified the evidence of loss in the lawsuit, the court would impose a fine and other penalties on it according to law. If the forgery of evidence was serious, it would involve violating the criminal law and would be investigated for criminal responsibility. If the counterclaim's forged evidence caused actual losses to the other party, the other party could file another lawsuit for compensation. In the process of cross-examination, if there was evidence to the contrary that proved the counterclaim's evidence was false, it could be presented in court for comparison. If there was no evidence, the counterclaim could be asked to produce the original or the original carrier first, and not apply for identification first. The other party could only apply after the original was produced. If it is proved to be forged after identification, the other party is obstructing the judicial trial. According to the provisions of the civil procedure law, the court can request a fine and detention. If it is suspected of a criminal offence, it shall be investigated for criminal responsibility according to law. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>

1 answer
2026-07-03 18:55

How to submit the counterclaim materials?

The defendant should submit the counterclaim materials to the court and pay the counterclaim litigation fees. Specifically, after preparing the counterclaim, evidence, and the identity certificate of the party (such as ID card, work permit, or household register, the entrusted agent must also submit a power of attorney stating the authorization of the entrusted agent) and other counterclaim materials, these materials could be submitted to the court. The court would review the counterclaim materials. If it was in line with the case, it would accept and notify both parties. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>

1 answer
2026-07-03 15:03
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