State Court Counterclaim & Cross-Claim

DEFENDANT'S COUNTERCLAIM AND CROSS CLAIM — CONNECTICUT SUPERIOR COURT

TABLE OF CONTENTS

1. Caption
2. Introduction & Governing Rule
3. Parties
4. Transaction Test & Classification
5. Jurisdiction & Venue
6. General Factual Allegations
7. First Count — Breach of Contract (Counterclaim Against Plaintiff)
8. Second Count — Unjust Enrichment (Counterclaim Against Plaintiff)
9. Third Count — Indemnification (Cross Claim Against Co-Defendant)
10. Prayer for Relief / Claim for Relief
11. Jury Claim
12. Signature Block
13. Statement of Amount in Demand
14. Certification of Service
15. Connecticut Practice Notes
16. Sources & References

1. CAPTION

DOCKET NO.: [____________]

SUPERIOR COURT

JUDICIAL DISTRICT OF [____________] AT [COURT LOCATION]

RETURN DATE: [__/__/____]

[__/__/____]

DEFENDANT [DEFENDANT NAME]'S ANSWER, SPECIAL DEFENSES, COUNTERCLAIM AND CROSS CLAIM

2. INTRODUCTION & GOVERNING RULE

Defendant [DEFENDANT NAME] ("Defendant"), having filed its Answer and Special Defenses, asserts the following Counterclaim against Plaintiff and Cross Claim against co-defendant [CO-DEFENDANT NAME] pursuant to Connecticut Practice Book § 10-10, and alleges as follows:

2.1. Under Practice Book § 10-10, "[i]n any action for legal or equitable relief, any defendant may file counterclaims against any plaintiff and cross claims against any codefendant provided that each such counterclaim and cross claim arises out of the transaction or one of the transactions which is the subject of the plaintiff's complaint."

2.2. Section 10-10 further provides that "if necessary, additional parties may be summoned in to answer any such counterclaim or cross claim," and that "[a] defendant may also file a counterclaim or cross claim under this section against any other party to the action for the purpose of establishing that party's liability to the defendant for all or part of the plaintiff's claim against that defendant."

2.3. No federal-style "compulsory counterclaim" bar. Connecticut does not impose a federal-style compulsory-counterclaim waiver. However, a claim arising from the same transaction that is not pleaded may be precluded in a later action under res judicata/transactional principles; counsel should treat same-transaction claims as practically necessary to assert here.

3. PARTIES

3.1. Counterclaim-Plaintiff/Cross Claim-Plaintiff [DEFENDANT NAME] is, and at all relevant times was, a [corporation / limited liability company / individual] [organized under the laws of [State] / residing in [Town], Connecticut], 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 [Town], Connecticut].

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 [Town], Connecticut].

3.4. Defendant incorporates by reference the admissions, denials, and Special Defenses set forth in its Answer as if fully restated herein.

4. TRANSACTION TEST & CLASSIFICATION

4.1. Counterclaim against Plaintiff (§ 10-10). The First and Second Counts arise out of the same transaction that is the subject of Plaintiff's Complaint — namely, [describe the contract / event / dealings] — and are therefore proper counterclaims under Practice Book § 10-10.

4.2. Cross Claim against co-defendant (§ 10-10). The Third Count arises out of the same transaction that is the subject of Plaintiff's Complaint and seeks to establish co-defendant [CO-DEFENDANT NAME]'s liability to Defendant for all or part of Plaintiff's claim against Defendant, as expressly authorized by the final sentence of § 10-10.

4.3. Additional parties. If adjudication requires a person not yet a party, that person may be summoned in to answer the counterclaim or cross claim pursuant to Practice Book § 10-10.

5. JURISDICTION & VENUE

5.1. This Court has jurisdiction over the counterclaim and cross claim, which are ancillary to the pending action already within the Court's jurisdiction.

5.2. Venue is proper in this Judicial District under Conn. Gen. Stat. § 51-345 because the original action is properly venued here and/or one or more parties resides or has its principal place of business in this Judicial District and/or the cause of action arose 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.

7. FIRST COUNT — BREACH OF CONTRACT

(Counterclaim by Defendant Against Plaintiff)

7.1. Defendant repeats and realleges Paragraphs 6.1 through 6.6 of the General Factual Allegations as Paragraphs 7.1 through 7.6 of this Count.

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 breached the Agreement by [describe the breach].

7.5. As a direct and proximate result of Plaintiff's breach, Defendant has suffered damages, together with interest under Conn. Gen. Stat. § 37-3a.

8. SECOND COUNT — UNJUST ENRICHMENT

(Counterclaim by Defendant Against Plaintiff)

8.1. Defendant repeats and realleges Paragraphs 6.1 through 6.6 of the General Factual Allegations as Paragraphs 8.1 through 8.6 of this Count.

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

8.3. Plaintiff failed to pay Defendant for the benefit conferred, and to Defendant's detriment, Plaintiff unjustly retained that benefit.

8.4. 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. THIRD COUNT — INDEMNIFICATION / LIABILITY OVER

(Cross Claim by Defendant Against Co-Defendant [CO-DEFENDANT NAME], per Practice Book § 10-10)

9.1. Defendant repeats and realleges Paragraphs 6.1 through 6.6 of the General Factual Allegations as Paragraphs 9.1 through 9.6 of this Count.

9.2. This Cross Claim is authorized by Practice Book § 10-10, which permits a defendant to file a cross claim against a co-defendant for the purpose of establishing that party's liability to the defendant for all or part of the plaintiff's claim against the 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 active or primary negligence, breach, or other fault of co-defendant [CO-DEFENDANT NAME], while any negligence or fault of Defendant was passive or secondary.

9.5. Under Connecticut common-law (active/passive) indemnification, co-defendant [CO-DEFENDANT NAME] was in exclusive control of the situation, Defendant did not know of and had no reason to anticipate the co-defendant's conduct, and Defendant reasonably relied on the co-defendant not to be negligent.

9.6. Defendant is therefore entitled to be indemnified by co-defendant [CO-DEFENDANT NAME] for all or part of any sums Defendant may be compelled to pay to Plaintiff, together with reasonable attorney's fees and costs of defense where recoverable. To the extent a written agreement obligates [CO-DEFENDANT NAME] to defend and indemnify Defendant, Defendant additionally seeks express contractual indemnity.

10. PRAYER FOR RELIEF / CLAIM FOR RELIEF

WHEREFORE, Defendant claims:

On the First and Second Counts (Counterclaim against Plaintiff):

1. Money damages;
2. Restitution of amounts by which Plaintiff was unjustly enriched;
3. Interest pursuant to Conn. Gen. Stat. § 37-3a;

On the Third Count (Cross Claim against Co-Defendant [CO-DEFENDANT NAME]):

4. Indemnification for all or part of any judgment rendered against Defendant in favor of Plaintiff;
5. Express contractual indemnity and a defense, where applicable;
6. Reasonable attorney's fees and costs of defense, where recoverable;

On all Counts:

7. Costs of suit; and
8. Such other and further relief in law or equity as the Court deems just and proper.

11. JURY CLAIM

☐ Defendant claims this matter for trial by jury and will file a separate Jury Claim form (JD-CV-103) and pay the jury fee within the time allowed by Conn. Gen. Stat. § 52-215 and Practice Book § 14-10.
☐ Defendant does not claim a jury and submits the matter to the Court.

12. SIGNATURE BLOCK

THE DEFENDANT,

By: /s/ [____________________________]

[ATTORNEY NAME] (Juris No. [________])

[LAW FIRM NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Tel: [____________] Fax: [____________]

Email: [____________]

Attorney for Defendant [DEFENDANT NAME]

13. STATEMENT OF AMOUNT IN DEMAND

The amount, legal interest, or property in demand on the Counterclaim is:
☐ less than $2,500
☐ $2,500 or more but less than $15,000
☐ $15,000 or more, exclusive of interest and costs.

14. CERTIFICATION OF SERVICE

I hereby certify that on [__/__/____], in accordance with Practice Book §§ 10-12 through 10-17, a copy of the foregoing COUNTERCLAIM AND CROSS CLAIM was or will be delivered electronically through the Judicial Branch E-Services system and/or mailed, first-class postage prepaid, to all counsel and self-represented parties of record as follows:

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

/s/ [____________________________]

[ATTORNEY NAME] (Juris No. [________])

15. CONNECTICUT PRACTICE NOTES

• Rule / device. Connecticut keeps the counterclaim (against a plaintiff) and cross claim (against a codefendant) under a single rule, Practice Book § 10-10. Each must "arise out of the transaction or one of the transactions which is the subject of the plaintiff's complaint."
• Liability-over cross claim. The last sentence of § 10-10 expressly allows a counterclaim or cross claim to establish "that party's liability to the defendant for all or part of the plaintiff's claim" — the vehicle for indemnification and "liability over."
• No federal compulsory bar. Connecticut does not enforce a federal-style compulsory-counterclaim waiver, but same-transaction claims omitted here may be barred later by res judicata; treat them as practically mandatory.
• Timing — order of pleadings (§§ 10-6, 10-8). Pleadings must advance within 30 days of the return date and within consecutive 30-day periods thereafter. An appearance is generally filed shortly after the return date, and the answer (with any counterclaim/cross claim) follows in the pleading sequence. Confirm the operative deadlines on the docket.
• Reply to counterclaim. The plaintiff/cross claim-defendant pleads to the counterclaim/cross claim within the next 30-day period in the order of pleadings (§ 10-8).
• Adding parties. If adjudication requires a non-party, that person "may be summoned in to answer" the counterclaim or cross claim (§ 10-10).
• Court. Civil actions are filed in the Superior Court for the appropriate Judicial District. Venue is governed by Conn. Gen. Stat. § 51-345.
• Jury claim. A jury claim must be filed and the fee paid within the period set by Conn. Gen. Stat. § 52-215 (generally within 30 days after the case is returned to court / pleadings closed); use form JD-CV-103.

16. SOURCES & REFERENCES

• Conn. Practice Book § 10-10 (Supplemental Pleadings; Counterclaims) — https://www.jud.ct.gov/pb.htm
• Conn. Practice Book § 10-6 (order of pleadings); § 10-8 (time to plead)
• Conn. Practice Book § 10-46 (answers); § 10-50 (special defenses)
• Conn. Practice Book §§ 10-12 through 10-17 (service and certification)
• Conn. Practice Book § 14-10 (jury claims)
• Conn. Gen. Stat. § 51-345 (venue)
• Conn. Gen. Stat. § 52-91 (statement of amount in demand); § 52-215 (jury fee/claim); § 37-3a (interest)
• Connecticut Practice Book (current edition) — https://www.jud.ct.gov/publications/PracticeBook/PB.pdf

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