Arizona State Court Counterclaim & Crossclaim

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [____________]

Case No.: [____________]

DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSSCLAIM

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

For its Answer, Counterclaim, and Crossclaim in the above-captioned action, Defendant [DEFENDANT NAME] ("Defendant" or "Counterclaimant"), by and through undersigned counsel and pursuant to Ariz. R. Civ. P. 13, alleges 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 restated in this pleading. This Counterclaim and Crossclaim are asserted with Defendant's responsive pleading as contemplated by Ariz. R. Civ. P. 13.

2. This pleading is timely under Ariz. R. Civ. P. 12(a)(1)(A), which requires service of a responsive pleading within 20 days after service of the summons and Complaint on a defendant within Arizona, or within 30 days if the defendant was served outside Arizona.

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, Arizona.

4. Counterdefendant [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. Crossclaim-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 Counterclaim. Under Ariz. R. Civ. P. 13(a), a pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require adding another party over whom the court cannot acquire jurisdiction.

7. Permissive Counterclaim. Under Ariz. R. Civ. P. 13(b), a pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

8. A counterclaim need not diminish or defeat the recovery sought by the opposing party and may request relief that exceeds in amount or differs in kind from the relief the opposing party seeks. Ariz. R. Civ. P. 13(c).

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

IV. JURISDICTION AND VENUE

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

11. Venue is proper in this County under A.R.S. § 12-401, and Counterdefendant, having invoked the jurisdiction of this Court, is subject to its jurisdiction with respect to the counterclaims.

12. To the extent any counterclaim or crossclaim requires adding a person not already a party, joinder is governed by Ariz. R. Civ. P. 13(g), 19, and 20.

V. FACTUAL ALLEGATIONS

13. [State the factual background giving rise to the counterclaims and crossclaim in numbered paragraphs.] [____________]

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

15. [____________].

16. [____________].

17. 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. Counterdefendant [PLAINTIFF NAME])

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

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

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

21. Counterdefendant materially breached the Agreement by [describe the breach]. [____________]

22. 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. Counterdefendant [PLAINTIFF NAME])

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

24. Counterclaimant conferred a benefit upon Counterdefendant consisting of [describe the money paid, goods delivered, or services rendered]. [____________]

25. Counterdefendant knowingly accepted and retained the benefit, there is an absence of justification for the enrichment and the impoverishment, and there is no adequate remedy at law.

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

VIII. CROSSCLAIM AGAINST CO-DEFENDANT [CO-DEFENDANT NAME]

(Asserted pursuant to Ariz. R. Civ. P. 13(f))

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

28. Under Ariz. R. Civ. P. 13(f)(1), a party may state as a crossclaim any claim against a coparty if the claim arises out of the same transaction, occurrence, or event that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

29. Pursuant to Ariz. R. Civ. P. 13(f)(2), a defendant's crossclaim against a codefendant must be stated when the defendant files an answer or other response to the complaint or counterclaim, unless an amendment is later allowed under Rule 15(a). Cross-Claimant therefore asserts this crossclaim with its responsive pleading.

30. 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]. [____________]

Crossclaim Count A — Indemnity

31. 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.

Crossclaim Count B — Contribution / Apportionment

32. To the extent Cross-Claimant and Co-Defendant are determined to be liable to Plaintiff, Cross-Claimant requests apportionment of fault and, where available, contribution from Co-Defendant for Co-Defendant's proportionate share of any liability, consistent with Arizona's comparative-fault scheme. See A.R.S. § 12-2506 (several liability; allocation of fault); A.R.S. § 12-2501 et seq. (contribution among tortfeasors).

IX. PRAYER FOR RELIEF

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

A. Enter judgment in favor of Counterclaimant and against Counterdefendant [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 taxable costs under A.R.S. § 12-341 and, where applicable, reasonable attorney's fees under A.R.S. § 12-341.01 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 Ariz. R. Civ. P. 38 and Article 2, Section 23 of the Arizona Constitution.

Jury Trial Demanded: ☐ Yes ☐ No

XI. VERIFICATION (IF REQUIRED)

STATE OF ARIZONA )
                 ) ss.
County of [____________] )

I, [____________], being first duly sworn, depose and state that I have read the foregoing Counterclaim and Crossclaim and know the contents thereof; the same is true of my own knowledge, except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

_____________________________________
[Name and Title]

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

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

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served the foregoing in accordance with Ariz. R. Civ. P. 5 by:

☐ Electronic filing through the Arizona court electronic-filing system (AZTurboCourt / approved EFSP)
☐ Electronic service on registered users
☐ United States Mail, first-class postage prepaid
☐ Hand delivery
☐ Email to [____________]

Addressed to:

[____________]
[____________]
[____________]

DATED this [____] day of [____________], 20[____].

Respectfully submitted,

[FIRM NAME]

By: /s/ [____________]
[____________]
Arizona State Bar No. [____________]
[____________]
[____________], AZ [____]
Telephone: [____________]
Email: [____________]
Attorney for Defendant/Counterclaimant [____________]

ARIZONA-SPECIFIC PROCEDURAL NOTES

Counterclaim and Crossclaim Rule

• Counterclaims and crossclaims are governed by Ariz. R. Civ. P. 13 (restyled effective January 1, 2017). Compulsory counterclaims fall under Rule 13(a); permissive counterclaims under Rule 13(b); crossclaims against a coparty under Rule 13(f) (note: Arizona places the crossclaim provision at subdivision (f), unlike the federal rule's subdivision (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. A permissive counterclaim (Rule 13(b)) is any claim that is not compulsory and may, but need not, be asserted.

Codefendant Crossclaims — Timing

• Under Ariz. R. Civ. P. 13(f)(2), a defendant's crossclaim against a codefendant must be stated when the defendant files an answer or other response to the complaint or counterclaim, unless an amendment is later allowed under Rule 15(a). This is a distinctive Arizona requirement.

Responsive-Pleading Deadline

• A responsive pleading, including a counterclaim asserted with the answer, is due within 20 days after service within Arizona, or 30 days if served outside Arizona. Ariz. R. Civ. P. 12(a)(1)(A).

Joinder of Additional Parties

• Persons not already parties may be joined to a counterclaim or crossclaim under Ariz. R. Civ. P. 13(g), in accordance with Rules 19 and 20. A newly joined party must be served with process under Ariz. R. Civ. P. 4, 4.1, or 4.2.

Service

• Service of this pleading on existing parties is governed by Ariz. R. Civ. P. 5. Most Superior Court civil filings are submitted electronically; service on registered users may be made electronically.

Several Liability

• Arizona generally imposes several liability with allocation of fault under A.R.S. § 12-2506, which affects the analysis of contribution and indemnity crossclaims.

Sources and References

• Arizona Rules of Civil Procedure, Rule 13 (Counterclaim and Crossclaim): https://govt.westlaw.com/azrules/Document/N682AFC7086E111E699029391C09D0CE5
• Arizona Rules of Civil Procedure (Arizona Judicial Branch): https://www.azcourts.gov/rules/Home/RulesOfCivilProcedure
• A.R.S. § 12-401 (venue): https://www.azleg.gov/arsDetail/?title=12
• A.R.S. § 12-341.01 (attorney's fees in contract actions): https://www.azleg.gov/ars/12/00341-01.htm
• A.R.S. § 12-2506 (several liability; allocation of fault): https://www.azleg.gov/ars/12/02506.htm
• Arizona Judicial Branch — eFiling (AZTurboCourt): https://efap.azcourts.gov/