State Court Counterclaim & Cross-Claim

DEFENDANT'S COUNTERCLAIM AND CROSS-CLAIM — COLORADO DISTRICT COURT

TABLE OF CONTENTS

1. Caption
2. Introduction & Governing Rule
3. Parties
4. Compulsory vs. Permissive Classification
5. Jurisdiction & Venue
6. General Factual Allegations
7. First Counterclaim — Breach of Contract (Against Plaintiff)
8. Second Counterclaim — Unjust Enrichment (Against Plaintiff)
9. Cross-Claim — Indemnity & Contribution (Against Co-Defendant)
10. Prayer for Relief
11. Jury Demand
12. Signature Block
13. Verification (If Required)
14. Certificate of Service
15. Colorado Practice Notes
16. Sources & References

1. CAPTION

DISTRICT COURT, [____________] COUNTY, COLORADO

Court Address: [COURT STREET ADDRESS, CITY, CO ZIP]

Attorney / Party Without Attorney: [NAME, ADDRESS, PHONE, EMAIL, ATTY REG. NO.]

Case No.: [____________] Division: [____] Courtroom: [____]

DEFENDANT [DEFENDANT NAME]'S COUNTERCLAIM AGAINST PLAINTIFF AND CROSS-CLAIM AGAINST CO-DEFENDANT [CO-DEFENDANT NAME]

2. INTRODUCTION & GOVERNING RULE

Defendant [DEFENDANT NAME] ("Defendant"), in addition to its Answer, asserts the following counterclaims against Plaintiff and cross-claim against co-defendant [CO-DEFENDANT NAME] pursuant to Colorado Rule of Civil Procedure 13, and alleges as follows:

2.1. Counterclaim against the opposing party (C.R.C.P. 13(a)–(b)). A counterclaim is a claim asserted by Defendant against Plaintiff. Under C.R.C.P. 13(a), a pleading must state as a counterclaim any claim that, 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 over whom the court cannot acquire jurisdiction. Under C.R.C.P. 13(b), a pleading may state as a counterclaim any claim against an opposing party that is not compulsory.

2.2. Cross-claim against a co-party (C.R.C.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 of the original action or of a counterclaim, or relating to any property that is the subject matter of the original action, including a claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted against the cross-claimant.

2.3. This pleading is filed with Defendant's Answer within the time allowed by C.R.C.P. 12(a).

3. PARTIES

3.1. Counterclaimant/Cross-Claimant [DEFENDANT NAME] is, and at all relevant times was, a [corporation / limited liability company / individual] [organized under the laws of [State] / residing in [County], Colorado], and is a defendant in this action.

3.2. Counterclaim-Defendant [PLAINTIFF NAME] is the Plaintiff in this action and is, and at all relevant times was, a [corporation / limited liability company / individual] [organized under the laws of [State] / residing in [County], Colorado].

3.3. 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] [organized under the laws of [State] / residing in [County], Colorado].

3.4. Defendant incorporates by reference each admission, denial, and affirmative defense set forth in its Answer as if fully restated herein.

4. COMPULSORY VS. PERMISSIVE CLASSIFICATION

4.1. Compulsory counterclaim (C.R.C.P. 13(a)). The First and Second Counterclaims arise out of the same transaction or occurrence as Plaintiff's claims — namely, [describe the contract / event / dealings] — and are therefore compulsory. Failure to assert a compulsory counterclaim in this action bars it from later assertion.

4.2. Permissive counterclaim (C.R.C.P. 13(b)). To the extent any counterclaim does not arise out of the same transaction or occurrence, it is asserted permissively under C.R.C.P. 13(b). [Specify any permissive counterclaim.]

4.3. Cross-claim (C.R.C.P. 13(g)). The Cross-Claim against co-defendant [CO-DEFENDANT NAME] arises out of the same transaction or occurrence as the original action and asserts that the co-defendant is or may be liable to Defendant for all or part of Plaintiff's claim against Defendant.

4.4. Revival of time-barred compulsory counterclaim. To the extent any compulsory counterclaim would otherwise be time-barred, it is timely under C.R.S. § 13-80-109 because it is commenced within one year after service of Plaintiff's Complaint.

5. JURISDICTION & VENUE

5.1. This Court has subject-matter jurisdiction over the counterclaims and cross-claim, which are ancillary to the pending action over which this Court has already assumed jurisdiction.

5.2. This Court has personal jurisdiction over Plaintiff (who invoked the Court's jurisdiction by filing the Complaint) and over co-defendant [CO-DEFENDANT NAME] (who is a party to this action).

5.3. Venue is proper in this County under Colo. R. Civ. P. 98 because the original action is pending here and/or one or more parties resides here and/or the events giving rise to these claims occurred here.

6. GENERAL FACTUAL ALLEGATIONS

6.1. On or about [__/__/____], Defendant and Plaintiff entered into [describe the agreement, transaction, or relationship] (the "Agreement"). A true and correct copy is attached as Exhibit A and incorporated by reference.

6.2. Under the Agreement, Plaintiff agreed to [describe obligations], and Defendant agreed to [describe obligations].

6.3. Defendant performed all obligations required of it under the Agreement, except those it was excused or prevented from performing.

6.4. Beginning on or about [__/__/____], Plaintiff failed and refused to [describe breach / wrongful conduct].

6.5. [Insert additional numbered factual allegations as needed — dates, communications, amounts, demands, and the conduct of co-defendant [CO-DEFENDANT NAME].]

6.6. As a direct and proximate result, Defendant has been damaged in an amount to be proven at trial but believed to exceed $[____________].

7. FIRST COUNTERCLAIM — BREACH OF CONTRACT

(By Defendant Against Plaintiff)

7.1. Defendant incorporates Paragraphs 6.1 through 6.6 as though fully set forth.

7.2. The Agreement is a valid and enforceable contract supported by consideration.

7.3. Defendant performed, or was excused or prevented from performing, all obligations required under the Agreement.

7.4. Plaintiff materially breached the Agreement by [describe the breach].

7.5. As a direct and proximate result of Plaintiff's breach, Defendant has suffered damages in an amount to be proven at trial, plus statutory interest under C.R.S. § 5-12-102.

8. SECOND COUNTERCLAIM — UNJUST ENRICHMENT

(By Defendant Against Plaintiff)

8.1. Defendant incorporates Paragraphs 6.1 through 6.6 as though fully set forth.

8.2. Defendant conferred a benefit upon Plaintiff in the form of [money / goods / services / labor] of the reasonable value of $[____________].

8.3. Plaintiff appreciated, accepted, and retained that benefit.

8.4. Under the circumstances, it would be inequitable for Plaintiff to retain the benefit without payment of its reasonable value.

8.5. Defendant is entitled to restitution in an amount to be proven at trial, plus interest.

9. CROSS-CLAIM — EQUITABLE INDEMNITY & CONTRIBUTION

(By Defendant Against Co-Defendant [CO-DEFENDANT NAME], per C.R.C.P. 13(g))

9.1. Defendant incorporates Paragraphs 6.1 through 6.6 as though fully set forth.

9.2. This Cross-Claim is authorized by C.R.C.P. 13(g) because it arises out of the same transaction or occurrence as the original action and asserts that co-defendant [CO-DEFENDANT NAME] is or may be liable to Defendant for all or part of Plaintiff's claim against Defendant.

9.3. Plaintiff's Complaint alleges that Defendant is liable to Plaintiff for [describe the underlying claim]. Defendant denies all liability to Plaintiff.

9.4. If Defendant is found liable to Plaintiff, such liability arises in whole or in part from the acts, omissions, or fault of co-defendant [CO-DEFENDANT NAME], and not from any fault of Defendant.

9.5. Defendant is therefore entitled to indemnification and/or contribution from [CO-DEFENDANT NAME] for all or a proportionate share of any sums Defendant may be compelled to pay to Plaintiff.

9.6. To the extent a written agreement obligates [CO-DEFENDANT NAME] to defend and indemnify Defendant, Defendant additionally seeks express contractual indemnity and a defense.

10. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

On the First and Second Counterclaims (against Plaintiff):
a. Enter judgment in favor of Defendant and against Plaintiff for damages according to proof, but not less than $[____________];
b. Award restitution for amounts by which Plaintiff was unjustly enriched;
c. Award pre-judgment and post-judgment interest as allowed by law (including C.R.S. § 5-12-102);

On the Cross-Claim (against Co-Defendant [CO-DEFENDANT NAME]):
d. Award indemnification and/or contribution for all or a proportionate share of any judgment against Defendant in favor of Plaintiff;
e. Award express contractual indemnity and a defense, where applicable;
f. Award attorney fees and costs of defense as permitted by contract or law;

On all claims:
g. Award costs of suit and attorney fees as allowed by law;
h. Grant such other and further relief as the Court deems just and proper.

11. JURY DEMAND

Pursuant to C.R.C.P. 38, Defendant demands a trial by jury on all issues so triable, and tenders the requisite jury fee. ☐ Yes ☐ No

12. SIGNATURE BLOCK

Respectfully submitted this [____] day of [Month], 20[____].

[____________________________]

[ATTORNEY NAME], Atty Reg. No. [________]

[LAW FIRM NAME]

[STREET ADDRESS]

[CITY], Colorado [ZIP]

Telephone: [____________]

Email: [____________]

Attorney for Defendant [DEFENDANT NAME]

13. VERIFICATION (IF REQUIRED)

I, [NAME], being duly sworn, state that I am the [Title/Position] of Defendant [DEFENDANT NAME]; that I have read the foregoing Counterclaim and Cross-Claim; and that the matters stated therein are true to my own knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.

[____________________________]

[NAME]

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

[____________________________]

Notary Public — My commission expires: [_______________]

14. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [Month], 20[____], a true and correct copy of the foregoing COUNTERCLAIM AND CROSS-CLAIM was served on all parties via the method indicated below in accordance with Colo. R. Civ. P. 5:

☐ Colorado Courts E-Filing (CCEF) system
☐ U.S. Mail, first-class postage prepaid
☐ Hand delivery
☐ Email (by consent)

addressed to:

[NAME, FIRM, ADDRESS, AND/OR E-SERVICE EMAIL OF EACH PARTY/COUNSEL SERVED]

[____________________________]

[ATTORNEY NAME OR AUTHORIZED AGENT]

15. COLORADO PRACTICE NOTES

• Rule number. Counterclaims and cross-claims are governed by C.R.C.P. 13, which tracks Fed. R. Civ. P. 13: subsection (a) compulsory counterclaims, (b) permissive counterclaims, (g) cross-claims against a co-party, and (h) joinder of additional parties under C.R.C.P. 19 and 20.
• Compulsory test. A counterclaim is compulsory if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require parties the court cannot reach. A compulsory counterclaim not pleaded is barred.
• Counterclaim revival (C.R.S. § 13-80-109). A compulsory counterclaim or setoff arising out of the same transaction or occurrence "shall be commenced within one year after service of the complaint by the opposing party and not thereafter," reviving claims that would otherwise be time-barred.
• Deadline. A defendant must serve its answer (with any counterclaim) within 21 days after service of the summons and complaint under C.R.C.P. 12(a); a party served with a cross-claim must answer it within 21 days after service of the cross-claim. (35 days where the response period is extended, e.g., service outside Colorado or by waiver.)
• Cross-claim scope. A cross-claim under C.R.C.P. 13(g) must relate to the same transaction/occurrence or property and may include a "liability over" indemnity/contribution theory. Note that common-law tort contribution is largely displaced by comparative-fault apportionment (C.R.S. § 13-21-111.5); confirm the correct theory.
• Adding new parties. Persons not already parties may be joined to a counterclaim or cross-claim under C.R.C.P. 13(h), 19, and 20, and served with process under C.R.C.P. 4.
• Court. Civil matters exceeding the county-court jurisdictional limit are filed in the District Court for the county. Confirm the current county-court monetary limit if the amount is small.

16. SOURCES & REFERENCES

• Colo. R. Civ. P. 13 (Counterclaim and Cross-Claim) — https://www.coloradojudicial.gov/
• Colo. R. Civ. P. 12(a) (time to serve responsive pleading; 21 days)
• Colo. R. Civ. P. 8 (general rules of pleading)
• Colo. R. Civ. P. 5 (service and filing of papers)
• Colo. R. Civ. P. 98 (venue)
• Colo. R. Civ. P. 38 (jury trial)
• C.R.S. § 13-80-109 (counterclaim revival statute)
• C.R.S. § 5-12-102 (statutory interest)
• C.R.S. § 13-21-111.5 (pro rata liability / comparative fault); C.R.S. §§ 13-50.5-101 et seq. (Uniform Contribution Among Tortfeasors Act)
• Colorado Rules of Civil Procedure — https://www.coloradojudicial.gov/self-help/forms-rules

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Colorado must review and customize this document before filing. Rules, statutes, and citations change; verify all authorities before use.