Pleadings and Defenses: Civil Procedure

• Pleadings are written statements of claims and defenses submitted to the court for judgment.

Types of Pleadings Allowed

• Complaint: Asserts the claims of a party.
• Counterclaim: Claim against an opposing party.
• Cross-claim: Claim by one party against a co-party.
• Third (fourth, etc.)-party complaint: Claim against someone not initially part of the action.
• Complaint-in-intervention: Allows a third party to intervene and assert a claim in an ongoing lawsuit.
• Answer: Responds to a claim, stating defenses.
• Reply: Responds to an answer.

Complaint

• States the plaintiff's cause(s) of action.
• Must include the names and residences of both the plaintiff and the defendant.

Answer

• A pleading where a defending party presents their defenses.

Defenses

• Negative Defense: A specific denial of a material fact essential to the claimant's cause of action.
• Affirmative Defense: Allegation of new matter that, even if the claimant's allegations are true, prevents recovery.
• Affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, and discharge in bankruptcy.

Counterclaim

• Is a claim a defending party has against an opposing party.

Compulsory Counterclaim

• It is cognizable by regular courts.
• Arises from the same transaction or occurrence as the opposing party's claim.
• Does not require third parties over whom the court lacks jurisdiction.
• Must be within the court's jurisdiction regarding amount and nature, unless in an original RTC action where it may be considered compulsory regardless of amount.

Cross-Claim

• Claim by one party against a co-party.
• Arises from the same transaction or occurrence as the original action or counterclaim.
• May include a claim that the party is liable to the cross-claimant for a claim asserted against them.

Counter-Counterclaims and Counter-Crossclaims

• A counterclaim can be asserted against an original counterclaimant.
• A cross-claim can be filed against an original cross-claimant.

Reply

• Denies or alleges facts to avoid new matters raised in the answer.
• Joins or creates an issue regarding these new matters.
• New matters in the answer are deemed controverted if no reply is filed.
• Claims arising from new matters in the answer must be set forth in an amended or supplemental complaint.

Third (Fourth, etc.)-Party Complaint

• A defending party, with court permission, may file a claim against a non-party.
• The non-party is called the third (fourth, etc.)-party defendant.
• It is for contribution, indemnity, subrogation, or other relief related to the opponent's claim.

Bringing in New Parties

• The court will order new parties to be brought in as defendants.
• This applies when their presence is required for complete relief in a counterclaim or cross-claim.
• The court must be able to obtain jurisdiction over them.

Answer to Third (Fourth, etc.)-Party Complaint

• A third (fourth, etc.)-party defendant can assert defenses, counterclaims, or cross-claims in their answer.
• This includes defenses that the third (fourth, etc.)-party plaintiff has against the original plaintiff's claim.
• A counterclaim against the original plaintiff may be asserted regarding the latter's claim against the third-party plaintiff.