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Compulsory counterclaim

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Definition Edit

A compulsory counterclaim (also called a mandatory counterclaim) is a counterclaim that must be brought in a pending legal action or it will be waived.

U.S. federal courts Edit

Under the U.S. Federal Rules of Civil Procedure, a counterclaim is compulsory if it involves only the parties currently part of the suit, and "arises out of the transaction or occurrence that is the subject matter of the opposing party's claim."[1]

References Edit

  1. Federal Rules of Civil Procedure, Rule 13(a)(1)(A) (full-text).

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