What is a counterclaim in civil law?

A counterclaim is a legal term used in civil law proceedings in Colorado. It is a type of claim brought by a defendant against the plaintiff in a lawsuit. A counterclaim is a form of self-defense that allows the defendant to level their own accusations against the plaintiff, and it serves to negate or modify the plaintiff’s claim. In a typical civil law case, the defendant initially receives a complaint from the plaintiff. The defendant has the right to file a counterclaim if they believe the plaintiff’s claims are false or exaggerated. The counterclaim can be filed as soon as the defendant becomes aware of the complaint, and it must be filed before the defendant enters a plea. The purpose of a counterclaim is to shift some or all of the burden of proof from the defendant onto the plaintiff. The defendant is essentially asking the plaintiff to prove their claims are true. Any evidence the defendant has that refutes the plaintiff’s claims should be included in the counterclaim. By filing a counterclaim, the defendant can effectively put the plaintiff’s case on trial as well. The judge will then examine all of the evidence presented and decide which claims should move forward. In some cases, a counterclaim can be used to defend against a lawsuit without ever going to trial.

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