Arkansas State Court Counterclaim & Cross-Claim

IN THE CIRCUIT COURT OF [____________] COUNTY, ARKANSAS

[____________] DIVISION

Case No.: [____________]

DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM

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

COMES the Defendant, [DEFENDANT NAME] ("Defendant" or "Counterclaimant"), by and through undersigned counsel, and pursuant to Ark. 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 Ark. R. Civ. P. 13.

2. This pleading is timely served within the thirty (30) day period prescribed by Ark. 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 [____________] County, Arkansas.

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 Ark. R. Civ. P. 13(a), a pleading shall state as a counterclaim any existing claim that the pleader has against the 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 asserted is generally barred from later litigation.

7. Permissive Counterclaims. Under Ark. 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 Ark. R. Civ. P. 13(a) ☐ permissive counterclaim under Ark. R. Civ. P. 13(b).
   - ☐ Count II is asserted as a ☐ compulsory counterclaim under Ark. R. Civ. P. 13(a) ☐ permissive counterclaim under Ark. 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 Ark. R. Civ. P. 13(a) is ancillary to the main action.

10. Venue is proper in this County under Ark. Code Ann. § 16-60-101 et seq., 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 Ark. 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 knowingly received and retained 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 Ark. 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 Ark. 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 — Contribution

30. In the event Cross-Claimant and Co-Defendant are determined to be jointly liable to Plaintiff, Cross-Claimant is entitled to contribution from Co-Defendant for Co-Defendant's proportionate share of any liability under the Uniform Contribution Among Tortfeasors Act, Ark. Code Ann. § 16-61-201 et seq., and consistent with the modified comparative-fault scheme of Ark. Code Ann. § 16-64-122.

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 contribution as set forth above;

C. Award pre-judgment and post-judgment interest at the maximum lawful rate;

D. Award Counterclaimant its costs and, where applicable, reasonable attorney's fees under Ark. Code Ann. § 16-22-308 (contract actions) or other contractual or statutory authority; 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 Ark. R. Civ. P. 38 and Article 2, Section 7 of the Arkansas Constitution.

Jury Trial Demanded: ☐ Yes ☐ No

XI. VERIFICATION (IF REQUIRED)

STATE OF ARKANSAS )
                 ) ss.
COUNTY OF [____________] )

I, [____________], being first duly sworn, state that I am the Counterclaimant (or authorized representative of the Counterclaimant) in the above-styled matter, 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.

_____________________________________
[____________]
Counterclaimant / Authorized Representative

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

_____________________________________
Notary Public
My Commission Expires: [__/__/____]

XII. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [____________], 20[____], a true and correct copy of the foregoing was served upon all counsel of record and/or self-represented parties in accordance with Ark. R. Civ. P. 5 by the following method(s):

☐ Arkansas eFlex / electronic filing system (electronic service on registered users)
☐ Electronic mail with consent
☐ U.S. Mail, first-class postage prepaid
☐ Hand delivery
☐ Other: [____________]

Addressed to:

[____________]
[____________]
[____________]

Respectfully submitted,

[FIRM NAME]
[____________]
[____________], AR [____]
Telephone: [____________]
Email: [____________]

By: _____________________________________
[ATTORNEY NAME]
Arkansas Bar No. [____________]
Counsel for Defendant/Counterclaimant [____________]

ARKANSAS-SPECIFIC PROCEDURAL NOTES

Counterclaim and Cross-Claim Rule

• Counterclaims and cross-claims are governed by Ark. R. Civ. P. 13, which is based on 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)) is any existing claim against the opposing party that arises out of the same transaction or occurrence and whose adjudication does not require the presence of third parties of whom the court cannot acquire jurisdiction; it shall be stated or it is generally barred. A permissive counterclaim (Rule 13(b)) does not arise from the same transaction or occurrence and may, but need not, be asserted.

Responsive-Pleading Deadline

• A written answer or a Rule 12 motion — including a counterclaim asserted with the answer — must be filed within thirty (30) days after service of the summons and Complaint (not counting the day of receipt), or within sixty (60) days if the defendant is incarcerated in any jail, penitentiary, or other correctional facility in Arkansas. Ark. R. Civ. P. 12(a); Ark. R. Civ. P. 4 (summons form).

Joinder of Additional Parties

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

Service

• Service of this pleading on existing parties is governed by Ark. R. Civ. P. 5. The answer or response must be served on the plaintiff or the plaintiff's attorney; service on a represented party is made on the attorney.

Comparative Fault

• Arkansas follows modified comparative fault under Ark. Code Ann. § 16-64-122; a claimant whose fault is equal to or greater than the fault of the party from whom recovery is sought is barred. This affects contribution and cross-claim analysis.

Sources and References

• Arkansas Rules of Civil Procedure (Arkansas Judiciary): https://www.arcourts.gov/rules-and-administrative-orders/rules-of-civil-procedure
• Arkansas Civil & Criminal Benchbook (Counterclaims — compulsory/permissive): https://arcourts.gov/sites/default/files/Civil%20%26%20Criminal%20Benchbook%202022.pdf
• Arkansas Rule of Civil Procedure 4 (summons form; 30-day / 60-day response): https://cases.justia.com/arkansas/supreme-court/14-12.pdf
• Ark. Code Ann. § 16-64-122 (comparative fault): https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-64/subchapter-1/section-16-64-122/
• Ark. Code Ann. § 16-22-308 (attorney's fees in contract actions): https://law.justia.com/codes/arkansas/title-16/subtitle-2/chapter-22/subchapter-3/section-16-22-308/
• Arkansas Judiciary — Self-Representation / Responding to a Lawsuit: https://www.arcourts.gov/