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What are the conditions for counterclaim?

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What are the conditions for counterclaim?


        

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  • 2024-06-12 12:00:48

    What are the conditions for counterclaim?
    A counterclaim must meet the conditions for a civil action Article 108 of the Civil Procedure Law stipulates that a lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There are definite defendants; (3) There are specific claims, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed. Other conditions (1) The counterclaim can only be filed by the defendant to the plaintiff, and cannot be filed against anyone other than the plaintiff. (2) A counterclaim can only be filed in the court that accepts the case. (3) The counterclaim and the lawsuit must be subject to the same procedure. (4) Counterclaims cannot be the exclusive jurisdiction of other courts. (5) The counterclaim and the claim of this action must be involved in fact or law. (6) Time limit for filing. The third paragraph of Article 34 of the Several Provisions of the Supreme People's Court on Evidence in Civil Procedure (Fa Shi (2001) No. 33), "If a party adds or changes a claim or files a counterclaim, it shall submit it before the expiration of the time limit for adducing evidence." Do you understand this interpretation?

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    2024-06-12 12:00:48

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