In an Answer, a defendant may assert his own counterclaims against whom?

• A. Plaintiff only
• B. Co-defendants only
• C. Plaintiff or co-defendants
• D. The court

Answer: (C)

Under Rule 13, a defendant answering a plaintiff’s claim may bring a counterclaim that arises out of the same transaction or occurrence. The party against whom such a counterclaim is brought is the opposing party in the action. That typically means the plaintiff, but if there are multiple defendants, a defendant may also bring a claim against a co-defendant as a crossclaim, provided it relates to the same subject matter. So a defendant may assert counterclaims against the plaintiff or against co-defendants. The court itself isn’t a proper target for a counterclaim in this context.