This is an official form outline for a defendant filing a counterclaim. The form includes a block for party identification, an explanation of the counterclaim, a declaration as to the truth of the information included in the counterclaim, and a certificate of service.
Hawaii Counterclaim
State:
Hawaii
Control #:
HI-5COUNTCLM
Format:
PDF
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FAQ
The rule differentiates counterclaim and crossclaim. While they are both independent actions, counterclaim is only brought by the defendant against the plaintiff, crossclaim can be brought by the defendant against a co-party or by a plaintiff against a co-party.
A compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim. The claim is compulsory in this situation in that it must be raised in the defendant's answer, or it is waived.
Counterclaim can contain a variety of material ranging from accusation of fraudulent activity to claims which would preempt any attempt at suit. The goal of counterclaim is to turn the table on the plaintiff by bringing up more issues in the case and demanding redress.
Examples of counterclaims include:After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).