What is a counterclaim?
It is a claim filed by the defendant against the plaintiff in the existing proceeding. It is not merely a defense or setoff, but an independent demand for relief requiring its own factual and legal basis.
When is it filed?
The counterclaim is filed with the defense under the rules and deadlines governing the particular proceeding. The cause of action and supporting documents should therefore be identified as soon as the original claim is received.
Must it relate to the original claim?
The rules vary by track and court. According to Israel Courts Administration information, an ordinary proceeding may in appropriate circumstances include a counterclaim not arising from the same transaction, subject to jurisdiction. Special conditions apply in expedited proceedings.
Counterclaim or setoff?
Setoff may reduce the defendant's liability, while a counterclaim may seek affirmative relief. The choice affects the filing fee, remedy, and ability to obtain a judgment for the defendant.
Efficiency and risk
Joint adjudication may save time and avoid inconsistent decisions but may also expand the case. Evidence, amount, jurisdiction, and the suitability of a separate proceeding should be examined.
Concluding point
The counterclaim decision belongs in defense preparation, after distinguishing between a defense, setoff, and independent cause of action.
Principal legal sources
- Civil Procedure Regulations, 5779-2018.
- Israel Courts Administration service concerning civil counterclaims.