Alaska State Court Counterclaim & Cross-Claim

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[____________] JUDICIAL DISTRICT AT [____________]

Case No.: [____________]

DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM

Filed Pursuant to Alaska R. Civ. P. 8, 12, and 13

COMES NOW the Defendant, [DEFENDANT NAME] ("Defendant" or "Counterclaimant"), by and through undersigned counsel, and pursuant to Alaska R. Civ. P. 13, files this Answer, Counterclaim, and Cross-Claim, and states as follows:

I. INCORPORATION OF ANSWER

1. Defendant incorporates by reference its Answer and affirmative defenses to Plaintiff's Complaint, filed contemporaneously herewith or previously of record, as if fully set forth in this pleading. This Counterclaim and Cross-Claim are asserted together with Defendant's responsive pleading as contemplated by Alaska R. Civ. P. 13.

2. This pleading is timely served within the twenty (20) day period prescribed by Alaska R. Civ. P. 12(a) for service of a responsive pleading after service of the summons and Complaint.

II. PARTIES

3. Counterclaimant [DEFENDANT NAME] is, and at all relevant times was, a [corporation / limited liability company / individual] organized under the laws of [State] with its principal place of business / residence in [____________], Alaska.

4. Counterclaim-Defendant [PLAINTIFF NAME] is the Plaintiff in this action and is, and at all relevant times was, a [corporation / limited liability company / individual] with its principal place of business / residence in [____________].

5. Cross-Claim-Defendant [CO-DEFENDANT NAME] is a co-defendant in this action and is, and at all relevant times was, a [corporation / limited liability company / individual] with its principal place of business / residence in [____________].

III. NATURE OF THE COUNTERCLAIMS — COMPULSORY AND PERMISSIVE

6. Compulsory Counterclaims. Under Alaska R. Civ. P. 13(a), a pleading shall state as a counterclaim any claim which, at the time of serving the pleading, the pleader has against an opposing party if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. A compulsory counterclaim not pleaded is generally waived.

7. Permissive Counterclaims. Under Alaska R. Civ. P. 13(b), a pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.

8. Defendant asserts the following counterclaim(s) and designates each:
   - ☐ Count I is asserted as a ☐ compulsory counterclaim under Alaska R. Civ. P. 13(a) ☐ permissive counterclaim under Alaska R. Civ. P. 13(b).
   - ☐ Count II is asserted as a ☐ compulsory counterclaim under Alaska R. Civ. P. 13(a) ☐ permissive counterclaim under Alaska R. Civ. P. 13(b).

IV. JURISDICTION AND VENUE

9. This Court has subject-matter jurisdiction over the counterclaims asserted herein. A compulsory counterclaim under Alaska R. Civ. P. 13(a) is ancillary to the main action.

10. Venue is proper in this judicial district under Alaska R. Civ. P. 3 and AS 22.10.030, and Counterclaim-Defendant, having invoked the jurisdiction of this Court, is subject to its jurisdiction with respect to the counterclaims.

11. To the extent any counterclaim or cross-claim requires the joinder of a person not already a party, such joinder is governed by Alaska R. Civ. P. 13(h), 19, and 20.

V. FACTUAL ALLEGATIONS

12. [State the factual background giving rise to the counterclaims and cross-claim in numbered paragraphs.] [____________]

13. On or about [__/__/____], [____________].

14. [____________].

15. [____________].

16. As a direct and proximate result of the conduct described above, Counterclaimant has suffered damages in an amount to be proven at trial, but not less than $[____________].

VI. COUNTERCLAIM — COUNT I: BREACH OF CONTRACT

(Counterclaimant v. Counterclaim-Defendant [PLAINTIFF NAME])

17. Counterclaimant restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

18. On or about [__/__/____], Counterclaimant and Counterclaim-Defendant entered into a valid and enforceable [written / oral] contract (the "Agreement") under which [describe the parties' respective obligations]. [____________]

19. Counterclaimant performed, or was excused from performing, all material obligations required of it under the Agreement.

20. Counterclaim-Defendant materially breached the Agreement by [describe the breach]. [____________]

21. As a direct and proximate result of the breach, Counterclaimant has suffered damages in an amount to be proven at trial, but not less than $[____________], plus interest and costs.

VII. COUNTERCLAIM — COUNT II: [UNJUST ENRICHMENT / OTHER CLAIM]

(Counterclaimant v. Counterclaim-Defendant [PLAINTIFF NAME])

22. Counterclaimant restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

23. Counterclaimant conferred a benefit upon Counterclaim-Defendant consisting of [describe the money paid, goods delivered, or services rendered]. [____________]

24. Counterclaim-Defendant appreciated and knowingly accepted the benefit under circumstances in which it would be inequitable to retain the benefit without payment of its reasonable value.

25. As a result, Counterclaim-Defendant has been unjustly enriched at the expense of Counterclaimant in an amount to be proven at trial, but not less than $[____________].

VIII. CROSS-CLAIM AGAINST CO-DEFENDANT [CO-DEFENDANT NAME]

(Asserted pursuant to Alaska R. Civ. P. 13(g))

26. Defendant/Cross-Claimant restates and incorporates by reference the foregoing paragraphs as if fully set forth herein.

27. Under Alaska R. Civ. P. 13(g), a pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein, or relating to any property that is the subject matter of the original action. Such a cross-claim may include a claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

28. The claims asserted by Plaintiff in this action arise out of [describe the transaction or occurrence]. To the extent Cross-Claimant is found liable to Plaintiff, such liability is attributable in whole or in part to the acts or omissions of Co-Defendant [CO-DEFENDANT NAME]. [____________]

Cross-Claim Count A — Indemnity

29. By reason of [contract / the parties' relationship / operation of law], Co-Defendant is obligated to indemnify Cross-Claimant for any judgment, loss, or expense, including attorney's fees, arising from Plaintiff's claims. Cross-Claimant is therefore entitled to full indemnification from Co-Defendant.

Cross-Claim Count B — Apportionment / Several Liability

30. Alaska applies several liability, under which each party is liable only for the percentage of fault allocated to that party. See AS 09.17.080. To the extent any fault is attributable to Co-Defendant, Cross-Claimant requests that fault be apportioned to Co-Defendant and that a separate judgment be entered against each party in proportion to its allocated share of fault.

IX. PRAYER FOR RELIEF

WHEREFORE, Defendant/Counterclaimant/Cross-Claimant respectfully requests that this Court:

A. Enter judgment in favor of Counterclaimant and against Counterclaim-Defendant [PLAINTIFF NAME] on all counterclaims, in an amount to be proven at trial but not less than $[____________];

B. Enter judgment in favor of Cross-Claimant and against Co-Defendant [CO-DEFENDANT NAME] for indemnity and/or apportionment of fault as set forth above;

C. Award pre-judgment and post-judgment interest as allowed by AS 09.30.070;

D. Award Counterclaimant its costs under Alaska R. Civ. P. 54(d) and reasonable attorney's fees under Alaska R. Civ. P. 82; and

E. Grant such other and further relief as this Court deems just and proper.

X. JURY DEMAND

Defendant/Counterclaimant hereby demands a trial by jury on all issues so triable, pursuant to Alaska R. Civ. P. 38(b). A demand must be served no later than ten (10) days after service of the last pleading directed to the issue, and failure to make a timely demand waives the right under Alaska R. Civ. P. 38(d).

Jury Trial Demanded: ☐ Yes ☐ No

XI. VERIFICATION (IF REQUIRED)

STATE OF ALASKA, [____________] JUDICIAL DISTRICT

I, [____________], being first duly sworn upon oath, state that I am the ☐ Counterclaimant ☐ authorized representative of the Counterclaimant in this action; that I have read the foregoing Counterclaim and Cross-Claim; and that the factual statements contained therein are true and correct to the best of my knowledge, information, and belief.

_____________________________________
[____________]
[Title, if applicable]

Subscribed and sworn to before me this [____] day of [____________], 20[____].

_____________________________________
Notary Public, State of Alaska
My Commission Expires: [__/__/____]

XII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing was served upon all counsel of record and/or self-represented parties in accordance with Alaska R. Civ. P. 5 by the following method(s):

☐ Alaska Court System electronic filing / TrueFiling
☐ Electronic mail with consent
☐ United States Mail, first-class postage prepaid
☐ Personal / hand delivery
☐ Other: [____________]

Addressed to:

[____________]
[____________]
[____________]

DATED: [__/__/____]

Respectfully submitted,

_____________________________________
[____________]
Alaska Bar No. [____________]
[FIRM NAME]
[____________]
[____________], AK [____]
Telephone: [____________]
Email: [____________]
Attorney for Defendant/Counterclaimant [____________]

ALASKA-SPECIFIC PROCEDURAL NOTES

Counterclaim and Cross-Claim Rule

• Counterclaims and cross-claims are governed by Alaska R. Civ. P. 13, which tracks Fed. R. Civ. P. 13. Compulsory counterclaims fall under Rule 13(a); permissive counterclaims under Rule 13(b); cross-claims against a co-party under Rule 13(g).

Compulsory vs. Permissive

• A compulsory counterclaim (Rule 13(a)) arises out of the same transaction or occurrence as the opposing party's claim and must be pleaded or it is generally waived. A permissive counterclaim (Rule 13(b)) does not arise from the same transaction or occurrence and need not be asserted.

Responsive-Pleading Deadlines

• A responsive pleading, including a counterclaim asserted with the answer, must be served within twenty (20) days after service of the summons and Complaint. Alaska R. Civ. P. 12(a).
• A party served with a cross-claim must serve an answer to the cross-claim within twenty (20) days after service. Alaska R. Civ. P. 12(a).
• If a Rule 12 motion is denied, the responsive pleading is generally due within 10 days after notice of the court's decision.

Joinder of Additional Parties

• Persons not already parties may be joined to a counterclaim or cross-claim under Alaska R. Civ. P. 13(h), in accordance with Rules 19 and 20. A newly joined party must be served with process under Alaska R. Civ. P. 4.

Service

• Service of this pleading on existing parties is governed by Alaska R. Civ. P. 5. Service on a represented party is made on the attorney.

Attorney's Fees and Several Liability

• Alaska awards partial attorney's fees to the prevailing party under Alaska R. Civ. P. 82, and costs under Rule 54(d). Counterclaim strategy should account for fee exposure.
• Alaska applies several liability with fault apportionment among parties under AS 09.17.080; this affects cross-claims for contribution.

Sources and References

• Alaska Rules of Civil Procedure (complete, including Rule 13): https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska R. Civ. P. 12 (time to serve responsive pleading): https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska R. Civ. P. 82 (attorney's fees): https://courts.alaska.gov/rules/docs/civ.pdf
• AS 09.17.080 (apportionment of damages; several liability): https://law.justia.com/codes/alaska/title-9/chapter-17/section-09-17-080/
• Alaska Court System: https://courts.alaska.gov/