Rule 3-331.Counterclaim and cross-claim

This rule gives District Court parties two distinct tools for bringing their own claims into a pending case rather than filing a separate lawsuit. A counterclaim runs against an opposing party — think defendant against plaintiff — and doesn't have to arise out of the same transaction or occurrence as the original claim at all. It can ask for more money, or a different kind of relief entirely, than the original claim sought, and it doesn't have to cancel out or reduce what the opposing party is asking for. A cross-claim runs against a co-party instead, and it's narrower: it has to arise out of the same transaction or occurrence as the original claim or a counterclaim in it, or relate to property that's already part of the case. A cross-claim can also assert that the co-party is or may be liable for all or part of a claim already made against the cross-claimant.

Either kind of claim can pull in someone who isn't already a party. That new person gets served the same way a defendant would be in an original action, and along with the counterclaim or cross-claim itself, has to be served with copies of everything already filed in the case — pleadings, scheduling notices, court orders, the works.

Timing follows the same rhythm as other pleadings tied to the notice of intention to defend: a counterclaim or cross-claim is due within 10 days after the deadline for filing that notice, and after that only with the court's permission for good cause. Once filed, the counterclaim or cross-claim is tried along with the original complaint at the same trial, unless the court orders separate treatment for good cause. And because District Court jurisdiction is capped by dollar amount, a party can't file a counterclaim or cross-claim that exceeds it; instead, the court can stay the action against that party so they can pursue the larger claim separately in circuit court.