COUNTER CLAIM MOOT....

Asked over 1 year ago - Cincinnati, OH

If a counter claim was filed against the First amended complaint and a second amended complaint was file is the counter claim moot?

Attorney answers (4)

  1. William Thomas Schemmel

    Contributor Level 11

    3

    Lawyers agree

    Answered . It really depends upon what the amended complaint looks like. The amendment of the complaint may render the the prior counterclaim moot. Naturally, a response to the amended complaint is required. Typcially, the response to the amended complaint would, in addition to including an answer or dispositive motion, assert whatever counterclaims the responding party has to make. Failure to included the counter-claim may result in prejudice to the responding party. I would not recommend litigating without the assistance of counsel, as their are many potential pitfalls, and an experienced attorney can help you negotiate them. This information is subject to the disclaimer below.

    The foregoing is general information based upon limited information, should not be construed as legal advice , and... more
  2. Peter Joseph Lamont

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Not necessarily.

    If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . File a new one.

  4. Andrew Daniel Myers

    Contributor Level 20

    2

    Lawyers agree

    Answered . Whether or not a new counter claim is required when the complaint is amended depends on the substance of the new pleadings and the nature of the new claims, if any in the amended complaint. My general rule is that the cleaner and simpler the pleadings, the easier it is to present the case and for the court to determine what the dispositive issues are. However, you really need to consult with and retain an experienced attorney to untangle this procedural part of the case. Here are other reasons to retain an attorney:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more

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