Monday, September 21, 2009


Compulsory Counterclaim

If a claim arises out the same transaction or occurrence that is the subject matter of the plaintiff’s claim its assertion is compulsory under Rule 13(a) of the Nevada Rules of Civil Procedure. A counterclaim arises out of the same transaction or occurrence if it is “logically related” to the plaintiff’s claim. A failure to state a compulsory counterclaim within the defendant’s answer, results in a loss of that claim for future litigation. Moreover, if the defendant has asserted a counterclaim (whether compulsory or permissive) and the plaintiff has failed to serve a reply (discussed below) or to move against a counterclaim, a default judgment may be entered against the plaintiff on the counterclaim.
Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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