Missouri Laws 482.320 – Counterclaims, filing, different transaction, same transaction, arising at ..
1. At any time up to ten days after service of process and before the date of the hearing, the defendant may file a counterclaim which does not arise out of the same transaction or occurrence as the plaintiff‘s original claim. The pleading requirements for filing such a counterclaim shall be the same as those for the filing of the original claim.
2. At any time up to and including the time of the hearing, the defendant may raise a counterclaim which grows out of the same transaction or occurrence as the plaintiff’s original claim.
Terms Used In Missouri Laws 482.320
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Service of process: The service of writs or summonses to the appropriate party.
3. If, during the course of the hearing, the judge determines that the defendant has a counterclaim arising out of the same transaction or occurrence as the plaintiff’s original claim, the judge may question the parties on the counterclaim and render judgment on it as if it had been raised on the initiative of the defendant.