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

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Filed under: Summons and complaint
Attorney answers 4


Not necessarily.

If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 Additional Offices in New York, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.


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 does not create an attorney-client relationship. The author is licensed in Indiana and Ohio attorney only.

William G Blair

William G Blair


You will definitely have to respond to the amended complaint, either with a motion or an answer. Best practice is to reassert the counter-claim in your answer to the amended complaint. Even better practice is to retain an attorney to represent you in what promises to be increasingly complicated litigation.


File a new one.


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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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