What are the rules for filing a counterclaim?

In Maryland civil procedure, filing a counterclaim is a legal action that can be taken when a defendant has their own claims against the plaintiff. Generally, a counterclaim is filed as part of an answer to the original lawsuit. In accordance with Maryland Rule 2-325, the defendant must file their counterclaim within the same pleading as their answer. The counterclaim can state any claim or demand for relief that the defendant would be entitled to assert against the plaintiff, including claims for money damages, or can request equitable relief, such as damages or an injunction. The counterclaim must also be served on the plaintiff within the time frame outlined in the Maryland Rules of Civil Procedure. A copy of the pleadings must also be mailed to the plaintiff, or their attorney if they have appointed one. The plaintiff then has a certain timeframe to respond to the counterclaim. If they fail to do so, the counterclaim will stand as a legal assertion against them. The counterclaim must comply with the rules of civil procedure including its depiction of the facts, citing appropriate case law to support the claims, and any other applicable statues and evidence required to establish that the opposing party is liable. Failure to comply with the rules of civil procedure can result in the dismissal of the counterclaim.

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