What are the differences between a complaint and a counterclaim in civil litigation?

In civil litigation, a complaint and a counterclaim are both forms of documents used to initiate a lawsuit. The complaint is the initial document filed by the plaintiff (the person or business bringing the lawsuit). It outlines the plaintiff’s legal claims and provides the argument for why the defendant (the person or business being sued) should be held liable for those claims. A counterclaim is a document filed in response to a complaint by the defendant. It outlines the defendant’s legal claims against the plaintiff and argues why the plaintiff should be held liable for those claims. The main difference between a complaint and a counterclaim is that the plaintiff’s complaint initiates the lawsuit, while the defendant’s counterclaim is a response to the plaintiff’s initial filing. The plaintiff and defendant may both present evidence of why they should prevail. The judge or jury will eventually rule on each party’s claims and determine who is responsible for any damages. In New Mexico, all civil litigation complaints and counterclaims must be filed in the district court that has jurisdiction over the relevant parties and subject matter. The complaints and counterclaims must also be accompanied by the appropriate legal fees and paperwork in order to be considered.

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