After withdrawing the lawsuit, the handling method of the counterclaim is the latest
If the Plaintiff withdraws the lawsuit, the counterclaim shall be dealt with as follows: 1. ** Limits on the scope of the counterclaim **: After the withdrawal of the lawsuit, the counterclaim can still be tried within the scope of the lawsuit. The claim made by the counterclaim plaintiff based on the counterclaim should be related to the lawsuit and should not exceed the scope of the lawsuit. 2. ** Case acceptance stage **: - In the stage of determining jurisdiction after the case was filed, if the lawsuit was withdrawn, the counterclaim could not be accepted as a counterclaim. If the party continues to insist on the counterclaim, he can file a lawsuit to the people's court with jurisdiction, and he should pay the full amount of the lawsuit fee. The rule of paying the case acceptance fee by half should not be applied (if the defendant raises a counterclaim and a third party with an independent right of claim raises a lawsuit related to the case, the people's court decides to combine the case, the case acceptance fee should be paid by half). 3. ** Treatment at the trial stage **: - After the case has entered the trial stage, if the people's court allows the plaintiff to withdraw the lawsuit, it shall continue to hear the counterclaim; if the defendant applies to withdraw the counterclaim, the people's court shall allow it. - If the lawsuit is withdrawn and the defendant applies to withdraw the counterclaim, the people's court shall permit it. This was because the withdrawal of the lawsuit was the right of the parties involved. The parties involved in this lawsuit and the counterclaim had equal litigation rights. Since the withdrawal of the lawsuit by the plaintiff of this lawsuit did not violate the law (based on the fact that the people's court had already allowed the withdrawal of the lawsuit), the withdrawal of the counterclaim by the plaintiff of the counterclaim did not need to examine whether there was any violation. The court should allow it. For criminal private prosecution cases, the law did not have any provisions on whether the counterclaim of the private prosecution case could continue to be heard after the private prosecutor withdrew the lawsuit. The administrative procedure law had provisions on withdrawing the lawsuit but did not have provisions on the counterclaim of the defendant. Read more exciting novels for free
Can the plaintiff countersue after withdrawing the lawsuit?
If the plaintiff had already sued and withdrawn the lawsuit, the defendant could file a counterclaim. After the lawsuit was withdrawn, the court would usually allow the defendant to withdraw the counterclaim. Because withdrawing the lawsuit is the right of the parties involved, the parties involved in this lawsuit and the counterclaim have equal litigation rights. Since the withdrawal of this lawsuit is not illegal, the counterclaim plaintiff (i.e., the defendant of this lawsuit) does not need to review the withdrawal of the counterclaim, and the court should allow it. Moreover, the withdrawal of this lawsuit did not affect the hearing of the counterclaim. Although this lawsuit and the counterclaim are related, they are independent of each other. After the counterclaim is raised, it will not be extinguished because of the withdrawal of this lawsuit. On the one hand, the counterclaim was independent. After it was filed according to the requirements of the lawsuit, it had its own independence, and it was reasonable for the court to continue hearing it. On the other hand, the counterclaim had a certain degree of dependence on the lawsuit. After the lawsuit was withdrawn, the counterclaim would lose its targeting but become a special form of lawsuit, and the court should continue hearing it. Moreover, from the relevant legal provisions, it could be inferred that the counterclaim and this lawsuit did not have to be jointly tried. The counterclaim could be tried separately. After the lawsuit was withdrawn, the rejection of the counterclaim would lead to unresolved contradictions and increase the burden of the lawsuit. In addition, after the withdrawal of this lawsuit, the trial of the counterclaim will continue to use the case number of this lawsuit. However, the counterclaim originated from the main action. After the main action was withdrawn, the counterclaim would continue to be tried within the scope of the involvement of the main action. The claim based on the counterclaim should be related to the main action and should not exceed the scope of the main action. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
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>
Is the defendant's counterclaim still useful after the plaintiff withdraws the lawsuit?
The defendant had to file a counterclaim before the deadline to protect the plaintiff's right of defense and to determine the dispute before the court session. A counterclaim was an independent claim made by the defendant. Therefore, even if the plaintiff withdrew the lawsuit, the defendant's counterclaim could still continue and would not be invalid or terminated because of the withdrawal of the lawsuit. However, if the case is determined after the case is filed and the plaintiff withdraws the lawsuit before entering the entity trial, the counterclaim cannot be accepted as a counterclaim. If the party continues to insist on the counterclaim, he can file a lawsuit to the people's court with jurisdiction. After the case has entered the trial stage, when the plaintiff withdraws the lawsuit, the people's court shall make a ruling on the part of the lawsuit and allow the plaintiff to withdraw. The counterclaim shall continue to be heard and be judged according to law. The defendant also has the right to withdraw the counterclaim. If the defendant applies to withdraw the counterclaim, the people's court shall allow it. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
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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>
entrust a lawyer to counterclaim
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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>