What is a counterclaim?

A counterclaim is a legal argument made in response to a claim made by another side in a lawsuit. In Kansas, a counterclaim is a pleading filed by a defendant in a civil action that sets forth one or more claims against a plaintiff. A counterclaim is generally related to the original lawsuit and is meant to be used to help defend against the plaintiff’s claim. A counterclaim can be used to raise an affirmative defense by the defendant. This defense may deny some or all of the elements required to prove the claim of the plaintiff. The counterclaim can also be used to make counterclaims against the plaintiff. This means the defendant can make claims for his or her own damages caused by the plaintiff’s actions. The defendant can use the counterclaim to ask the court to award them damages or to enter a judgment in their favor. In civil procedure in Kansas, the defendant can make a counterclaim in response to the plaintiff’s complaint and can do this before the answer is due. If the defendant fails to make the counterclaim before this time, the plaintiff must state in their answer that they are waiving the right to a counterclaim.

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