Also known as: answers to a counterclaim · answering to a counterclaim · reply to counterclaim · response to counterclaim
Written by attorneys · grounded in primary & secondary sources — see below
A responsive pleading filed by a plaintiff who faces a counterclaim asserted in the defendant's answer. The plaintiff must admit or deny the counterclaim allegations and raise any available defenses or objections. Failure to serve this pleading within the prescribed time results in the counterclaim allegations being treated as admitted.
Argonaut Shipping sued Ariana Azizi for breach of a shipping contract. Ariana filed an answer that included a counterclaim for unpaid storage fees and served the pleading on Argonaut. Argonaut served its answer to the counterclaim thirty-five days later without obtaining any extension. Because the response exceeded the governing period, Ariana moved for entry of default on the counterclaim.
Atlas Ventures sued Anita Ali for trademark infringement. Anita answered and asserted a counterclaim for declaratory relief regarding the mark's validity. Anita served the pleading on Atlas. Atlas filed a document styled as a reply that denied the counterclaim allegations and asserted affirmative defenses. The filing satisfied Atlas's obligation to respond as a party facing a counterclaim.
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A party must serve the answer within twenty-one days after being served with the pleading that states the counterclaim. No court order or other rule automatically extends this period for ordinary parties.
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The allegations in the counterclaim are treated as admitted. The counterclaimant may seek entry of default and default judgment on that basis.
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No. Only a statute, rule, court-approved stipulation, or court order can change the deadline. Informal understandings reached during settlement talks do not displace the twenty-one-day period.
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The period begins upon proper service on the corporation's registered agent. Internal delays in forwarding the pleading to counsel do not postpone the start of the clock.
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