The institution of counterclaims is a fairly ancient legal instrument. It has existed in one form or another since the emergence of legal norms and legal proceedings in human history. This tool allows you to quickly and most effectively in a court of law to restore the violated right and find the truth.
A counterclaim in a civil proceeding is an independent claim against the plaintiff by the defendant, having a certain relationship with the initial requirements of the plaintiff. A joint review of the requirements is considered appropriate, as it allows you to explore a more complete picture of the existing relations between the parties. In this regard, it becomes possible to make the most correct decision by resolving two claims in one process. Thus, justice is carried out faster and with the least expenditure of efforts of the participants in the case. The presentation of claims by the defendant acts as a means, a method of protecting his interests.
As well as the aforementioned, the counterclaim in the arbitration process is accepted according to certain conditions:
- if the application is directed to the offset of the claim submitted initially;
- if the counterclaim has a certain relationship with the initial requirements, while their joint consideration contributes to a faster completion of the proceedings;
- if the satisfaction of counterclaims excludes the satisfaction of the original (either in whole or in part).
The defendant may present his application at any time before the court leaves for the deliberation room. However, it is advisable to file a counterclaim in preparation for the case.
To the requirements of the defendant, both generally established rules for registration (according to Articles 131-132 of the Code of Civil Procedure of the Russian Federation) and special conditions apply. So, a counterclaim is not allowed to set off, if, in accordance with the statement of the other party, the statute of limitations is applied and this period has expired. This, in particular, applies to claims for compensation for harm caused to health or life, for life support.
A counterclaim must be brought in accordance with the conditions established by law. In case of violation or non-compliance with any rules, the claimed requirements may be left without movement or returned, acceptance may be refused.
For counterclaims, the general conditions of jurisdiction of claims are not applicable - for them a special jurisdiction is established. It is determined by the relationship with the initial requirements.
The statement of counterclaim is carried out at the place of consideration of the initial one and is allowed by the court when making a general decision containing judgments on the initial requirements and on the counterclaims. In the course of the proceedings, the parties are entitled to a settlement.
A counterclaim may be made to set off the original claims. In this case, the claim for offset may be made by the defendant and in the form of objections. This is possible in the case when the counterclaim is less than the original (in terms of claims).
The appropriateness of accepting applications is determined by the court at its discretion. Due to the fact that the statement of any counterclaim always complicates the process, due to the fact that the volume of research into the circumstances of the case and the evidence of the parties increases, it can only be accepted if there is a relationship between the initial and counterclaims. In addition, the court decides whether a simultaneous review will contribute to the most correct and quick decision-making.
The refusal to accept counterclaims does not prevent the defendant from filing them as an independent statement of claim and submit to the court in the generally accepted manner.