compulsory counterclaim
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 371 U.S. 57 - Southern Construction Co. v. Pickard · 1962Most cited · 467 citing opinions
The requirement that counterclaims arising out of the same transaction or occurrence as the opposing party's claim 'shall' be stated in the pleadings was designed to prevent multiplicity of actions and to achieve resolution in a single lawsuit of all disputes arising out of common matters. The Rule was particularly directed against one who failed to assert a counterclaim in one action and then instituted a second action in which that counterclaim became the basis of the complaint.