Basics - 102

So, the other day I "told" you about complaints and answers. Scintillating, I know. I also told you that these two things along with the reply comprised the "pleadings" of a civil lawsuit. Why is this important? Because it identifies all the claims and defenses the parties will rely on and it puts everyone on notice as to what is disputed and what is to be decided. And, once every party has filed its respective pleadings, the case can be set for trial.

But, nothing is ever as easy as that, is it? Complaint, answer, reply. You knew it was too good to be true, didn't you? What if I get sued by my landlord for breaching the lease by having pets in the apartment but I had to get a cat to kill the rats that my landlord was supposed to have exterminated? Sounds like I, too, have the right to sue my landlord for breach of the lease (there is an obligation that landlords make their tenancies habitable). So we both get to sue each other? How does that work? The counterclaim, dear readers, the counterclaim. When the plaintiff sues, you, the defendant, get to answer the complaint, name your affirmative defenses to the complaint AND bring any causes of action you have against the plaintiff also. So, yes, in a lawsuit, the plaintiff and the defendant can sue each other, making the plaintiff also a counterdefendant and a defendant also a counterplaintiff. Fun, right?

But wait, there's more. Let's say you get into a three car accident. You're driving your new VW Eos and on your way to Hard Rock to gamble away your recently issued Economic Stimulus check. You pull up behind a motorcycle at a stop light and stop a nice, safe distance behind. Out of nowhere you can see, the back of your new Eos gets bashed in by a Ford F150 pick up truck which pushes your car into the motorcycle. Now, you were just sitting there minding your own business when all this happened. But, lo and behold (you can tell it's the end of the day), the motorcycle driver sues you for negligence. You think, wait, this can't be right. The truck hit me and pushed me into the motorcycle. The truck is really responsible.

Guess what you get to do? You get to sue the truck driver!! Isn't this fun. So, in addition to being a defendant, you are also a third-party plaintiff and the truck driver is a third-party defendant.

As if all this isn't enough, a lawsuit could properly have claims by the plaintiff against the defendant, counterclaims by the defendant against the plaintiff, third-party claims by the defendant against a third-party defendant and the third-party defendant could also have counterclaims.

Now, wake up. Go home. It's over.