What is a counterclaim?

• A. A claim back against an opposing party
• B. A claim in favor of the plaintiff
• C. A claim for damages only
• D. An evidentiary motion

Answer: (A)

A counterclaim is a claim by the defendant against the plaintiff in the same lawsuit, filed in response to the plaintiff’s claim. It lets the defendant seek relief from the plaintiff, arising out of the same transaction or occurrence, and is typically included in the defendant’s answer. It can seek damages or other remedies, not just damages, and it is not an evidentiary motion. This concept means it is a claim back against an opposing party within the ongoing case, rather than a claim in favor of the plaintiff.