permissive counterclaim


permissive counterclaim
A counterclaim constituting an essentially independent action, having no relation to the subject matter of the plaintiff's cause of action. Big Cola Corp. v World Bottling Co. (CA6 Tenn) 134 F2d 718. Any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. Rule 13 (b), Federal Rules of Civil Procedure.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • permissive counterclaim — n. A counterclaim that a defendant is allowed to bring regarding a matter that is completely different from the one brought by the plaintiff in the original complaint. See also joinder, use, waste The Essential Law Dictionary. Sphinx Publishing,… …   Law dictionary

  • permissive counterclaim — Federal Rule of Civil Procedure 13(b) grants defendant unqualified right to interpose permissive counterclaim ; one that does not arise out of same transaction or occurrence furnishing subject matter of plaintiffs claim, and court possesses no… …   Black's law dictionary

  • permissive — per·mis·sive adj 1: based on or having permission permissive occupancy a permissive user of the vehicle 2: granting permission or discretion (as to the court) a permissive statute 3: not compulsory: as a …   Law dictionary

  • counterclaim — coun·ter·claim / kau̇n tər ˌklām/ n: a claim for relief that is asserted against an opposing party after an original claim has been made compare affirmative defense at defense, cross action, cross appeal …   Law dictionary

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • counterclaim, permissive — n. A claim not arising out of the occurrence that brought about the original complaint, and that can be brought at the defendant’s choice. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell.… …   Law dictionary

  • Counterclaim — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • Declaratory judgment — A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.[1] In… …   Wikipedia

  • Declaratory ruling — A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute. It is commonly called a declaratory ruling, a term which also includes decisions of regulatory agencies …   Wikipedia


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