Use this practical counterclaim template to respond effectively in civil litigation. Whether you're facing breach of contract, negligence, or fraud allegations, this guide walks you through the format and content of a strong legal counterclaim.

A counterclaim is a legal response filed by the defendant in a civil lawsuit, asserting their own claims against the plaintiff. It is filed in the same case as the original complaint and must follow proper legal formatting. Below is a sample counterclaim template to guide you in drafting your own counterclaim in civil litigation.

[Court Name]

[Plaintiff’s Name],
Plaintiff,
vs.
[Defendant’s Name],
Defendant.
Case No.: [Case Number]
Counterclaim

Introduction

The Defendant, [Defendant’s Name], by and through their undersigned counsel, hereby submits this Counterclaim in response to the Complaint filed by Plaintiff, [Plaintiff’s Name], and respectfully states as follows:

1. Jurisdiction and Venue

1.1 This Court has jurisdiction over this Counterclaim pursuant to [cite relevant statute, e.g., 28 U.S.C. § 1332] because [explain the basis for jurisdiction].
1.2 Venue is proper in this Court pursuant to [cite venue statute, e.g., 28 U.S.C. § 1391] because [state why venue is appropriate].

2. Statement of Facts

2.1 On or about [date], Plaintiff filed a Complaint against Defendant alleging [summary of claims].
2.2 [Present Defendant's version of events relevant to the counterclaim].
2.3 [State any defenses to Plaintiff's claims and how the counterclaim arises from the same facts or transaction].

3. Legal Grounds for Counterclaim

3.1 Defendant asserts the following causes of action:

• Breach of Contract: [Describe the plaintiff’s breach and resulting damages].

• Negligence: [Explain how Plaintiff’s conduct fell below standard care and caused harm].

• Fraud: [Detail false representations made by the Plaintiff and their impact].

3.2 [Include any additional applicable claims].

4. Relief Sought

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss Plaintiff’s Complaint in its entirety, or in the alternative, reduce the damages sought.

2. Award Defendant compensatory damages in the amount of $[insert amount] or as determined by the Court.

3. Grant any further relief the Court deems just and proper.

5. Affirmative Defenses

Defendant further asserts the following defenses to Plaintiff’s Complaint:

1. Plaintiff’s claims are barred by the statute of limitations.

2. Plaintiff’s claims are barred by estoppel.

3. Plaintiff failed to mitigate damages.

4. [Other applicable defenses such as waiver, unclean hands, or lack of standing].

6. Verification

I, [Defendant’s Name], verify under penalty of perjury that the statements made in this Counterclaim are true and correct to the best of my knowledge and belief.

[Signature Block]

[Defendant’s Name or Attorney Name]
[Address]
[Phone Number]
[Email Address]

Certificate of Service

I certify that a true and correct copy of this Counterclaim was served on [Plaintiff’s Name] at [Plaintiff’s Address] via [service method] on [date].

[Signature of Defendant or Attorney]
[Date]

Final Thoughts

This template serves as a starting point for drafting a counterclaim in a civil case. Be thorough, strategic, and ensure compliance with all local court rules.

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