State Court Counterclaim & Cross-Complaint

IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Civil Division

Case No.: [____________]

Judge / Calendar: [____________]

DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSSCLAIM

Defendant [DEFENDANT NAME] ("Defendant" or "Counterclaimant"), by and through undersigned counsel, pursuant to D.C. Super. Ct. R. Civ. P. 8, 12(a), and 13, hereby files this Answer to the Complaint of Plaintiff [PLAINTIFF NAME] ("Plaintiff" or "Counterclaim-Defendant"), and asserts the following Counterclaim(s) against Plaintiff and Crossclaim(s) against Co-Defendant [CO-DEFENDANT NAME] ("Cross-Claim-Defendant"), and states as follows:

I. ANSWER TO COMPLAINT

1. Pursuant to D.C. Super. Ct. R. Civ. P. 8(b)(3), Defendant denies each and every allegation of the Complaint except those expressly admitted herein.

2. Paragraph [____] of the Complaint: ☐ Admitted ☐ Denied ☐ Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegation and therefore denies it.

3. [Continue paragraph-by-paragraph as necessary.]

II. PARTIES

1. Counterclaimant [DEFENDANT NAME] is, and at all relevant times was, a [individual residing in / corporation organized under the laws of / limited liability company organized under the laws of] [JURISDICTION], with a [residence / principal place of business] at [ADDRESS].

2. Counterclaim-Defendant [PLAINTIFF NAME] is the Plaintiff in this action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [JURISDICTION].

3. Cross-Claim-Defendant [CO-DEFENDANT NAME] is a co-defendant named in Plaintiff's Complaint and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [JURISDICTION].

III. NATURE OF THE COUNTERCLAIM — COMPULSORY VS. PERMISSIVE CLASSIFICATION

1. Compulsory counterclaim (D.C. Super. Ct. R. Civ. P. 13(a)). Under Rule 13(a)(1), "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: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and (B) does not require adding another party over whom the court cannot acquire jurisdiction." Counterclaimant asserts the following counterclaim(s) as ☐ compulsory because they arise out of the same transaction or occurrence as Plaintiff's claims.

2. Permissive counterclaim (D.C. Super. Ct. R. Civ. P. 13(b)). Under Rule 13(b), "A pleading may state as a counterclaim against an opposing party any claim that is not compulsory if such counterclaim is within the jurisdiction of the court." To the extent any counterclaim does not arise out of the same transaction or occurrence, Counterclaimant asserts it as ☐ permissive.

3. Relief sought (D.C. Super. Ct. R. Civ. P. 13(c)). A counterclaim need not diminish or defeat the recovery sought by Plaintiff and may request relief that exceeds in amount or differs in kind from the relief Plaintiff seeks.

IV. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction over the Counterclaim and Crossclaim pursuant to D.C. Code § 11-921, as the Superior Court of the District of Columbia is the court of general jurisdiction for civil actions in the District of Columbia.

2. The Court has personal jurisdiction over Counterclaim-Defendant because Counterclaim-Defendant invoked this Court's jurisdiction by filing the Complaint, and over Cross-Claim-Defendant because [Cross-Claim-Defendant is a party to this action / resides in / transacts business in the District of Columbia].

3. Venue is proper in this Court because the events giving rise to the Counterclaim and Crossclaim occurred in the District of Columbia and/or the parties reside or transact business in the District of Columbia.

V. FACTUAL ALLEGATIONS

1. On or about [__/__/____], [describe the underlying transaction, agreement, or occurrence].

2. [Describe the relationship and dealings among Counterclaimant, Counterclaim-Defendant, and Cross-Claim-Defendant.]

3. On or about [__/__/____], [describe the conduct of Counterclaim-Defendant giving rise to the counterclaim].

4. [Describe Counterclaimant's performance or excuse from performance.]

5. As a direct and proximate result of the foregoing, Counterclaimant has been damaged in an amount to be proven at trial, but estimated to exceed $[____________].

6. [Add additional numbered factual allegations as necessary.]

VI. FIRST COUNTERCLAIM — BREACH OF CONTRACT

(Counterclaimant v. Counterclaim-Defendant)

1. Counterclaimant realleges and incorporates by reference the allegations of the preceding paragraphs as though fully set forth herein.

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

3. Counterclaimant performed all conditions, covenants, and obligations required of it under the Agreement, except those it was excused or prevented from performing.

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

5. As a direct and proximate result of Counterclaim-Defendant's breach, Counterclaimant has suffered damages in an amount to be proven at trial, but not less than $[____________], together with interest, costs, and other relief as permitted by law.

VII. SECOND COUNTERCLAIM — UNJUST ENRICHMENT

(Counterclaimant v. Counterclaim-Defendant; Pleaded in the Alternative)

1. Counterclaimant realleges and incorporates by reference the allegations of the preceding paragraphs as though fully set forth herein.

2. Counterclaimant conferred a benefit upon Counterclaim-Defendant, namely [describe benefit — e.g., goods, services, money].

3. Counterclaim-Defendant had knowledge of and accepted or retained the benefit conferred.

4. Under the circumstances, it would be inequitable and unjust for Counterclaim-Defendant to retain the benefit without paying its reasonable value.

5. Counterclaimant is entitled to restitution in the amount of $[____________], or the reasonable value of the benefit conferred, to be proven at trial.

VIII. THIRD COUNTERCLAIM — [OTHER CLAIM]

(Counterclaimant v. Counterclaim-Defendant)

1. Counterclaimant realleges and incorporates by reference the allegations of the preceding paragraphs as though fully set forth herein.

2. [Element 1 with supporting facts.]

3. [Element 2 with supporting facts.]

4. As a direct and proximate result, Counterclaimant has been damaged in an amount to be proven at trial.

IX. CROSSCLAIM AGAINST CO-DEFENDANT

(Cross-Claimant v. Cross-Claim-Defendant)

1. Cross-Claimant realleges and incorporates by reference the allegations of the preceding paragraphs as though fully set forth herein.

2. This Crossclaim is asserted pursuant to D.C. Super. Ct. R. Civ. P. 13(g) because it arises out of the transaction or occurrence that is the subject matter of the original action and/or relates to property that is the subject matter of the original action.

Count One — Indemnification

3. If Cross-Claimant is found liable to Plaintiff on the claims asserted in the Complaint, such liability arises out of the acts, omissions, or conduct of Cross-Claim-Defendant.

4. Under [contract / common-law / statutory] principles of indemnity, Cross-Claim-Defendant is or may be liable to Cross-Claimant for all sums that may be adjudged against Cross-Claimant in favor of Plaintiff.

Count Two — Contribution

5. To the extent Cross-Claimant and Cross-Claim-Defendant are determined to be joint tortfeasors or jointly liable, Cross-Claim-Defendant is liable for contribution toward any judgment in proportion to its relative fault or share of the liability.

6. WHEREFORE, Cross-Claimant demands judgment against Cross-Claim-Defendant for indemnification and/or contribution for all or part of any amount adjudged against Cross-Claimant in favor of Plaintiff, together with costs and interest as permitted by law.

X. PRAYER FOR RELIEF

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

a. On the Counterclaim, enter judgment against Counterclaim-Defendant for compensatory damages in an amount to be proven at trial, but not less than $[____________];

b. On the Crossclaim, enter judgment against Cross-Claim-Defendant for indemnification and/or contribution for all or part of any sums adjudged against Cross-Claimant in favor of Plaintiff;

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

d. Award costs of suit and reasonable attorneys' fees as permitted by contract or law;

e. Dismiss Plaintiff's Complaint with prejudice; and

f. Grant such other and further relief as the Court deems just and proper.

XI. DEMAND FOR JURY TRIAL

Pursuant to D.C. Super. Ct. R. Civ. P. 38, Counterclaimant / Cross-Claimant demands a trial by jury on all issues so triable.

Jury Trial Demanded: ☐ Yes ☐ No

XII. SIGNATURE BLOCK

Respectfully submitted,

____________________________________
[ATTORNEY NAME] (D.C. Bar No. [____________])
[LAW FIRM NAME]
[Address Line 1]
[Address Line 2]
Telephone: [###-###-####]
Email: [[email protected]]
Counsel for Defendant / Counterclaimant / Cross-Claimant

Date: [__/__/____]

XIII. VERIFICATION (OPTIONAL — IF REQUIRED FOR PARTICULAR RELIEF)

DISTRICT OF COLUMBIA, ss:

I, [NAME], being first duly sworn, depose and state that I am the [Defendant / authorized representative of Defendant] in the above-captioned action; that I have read the foregoing Counterclaim and Crossclaim; and that the same is true to the best of my knowledge, information, and belief.

____________________________________
[NAME]

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

____________________________________
Notary Public
My Commission Expires: [____________]

XIV. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [____________], 20[____], a true and correct copy of the foregoing DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSSCLAIM was served pursuant to D.C. Super. Ct. R. Civ. P. 5 by:

☐ The Court's electronic filing system (CaseFileXpress / eFileDC)
☐ Email
☐ First-Class U.S. Mail, postage prepaid
☐ Hand delivery

upon the following:

[PLAINTIFF'S COUNSEL NAME]
[Law Firm]
[Address / Email]
Counsel for Plaintiff / Counterclaim-Defendant

[CO-DEFENDANT'S COUNSEL NAME]
[Law Firm]
[Address / Email]
Counsel for Cross-Claim-Defendant

____________________________________
[ATTORNEY NAME]

XV. SOURCES & REFERENCES

• D.C. Super. Ct. R. Civ. P. 13 — Counterclaim and Crossclaim — https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2013.%20Counterclaim%20and%20Crossclaim.pdf
• Rule 13(a) — Compulsory Counterclaim ("A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party" arising out of the same transaction or occurrence).
• Rule 13(b) — Permissive Counterclaim ("A pleading may state as a counterclaim against an opposing party any claim that is not compulsory if such counterclaim is within the jurisdiction of the court").
• Rule 13(c) — Relief Sought in a Counterclaim.
• Rule 13(g) — Crossclaim Against a Coparty (same transaction or occurrence; includes indemnity/contribution).
• Rule 13(h) — Joining additional parties (Rules 19 and 20).
• D.C. Super. Ct. R. Civ. P. 12(a) — Time to Serve a Responsive Pleading (answer due within 21 days after service of the summons and complaint; an answer to a counterclaim or crossclaim is due within 21 days after service of the pleading that states it) — https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil-Rule-12-Defenses-and-Objections.pdf
• D.C. Super. Ct. R. Civ. P. 5 — Serving and Filing Pleadings and Other Papers.
• D.C. Super. Ct. R. Civ. P. 8 — General Rules of Pleading.
• D.C. Super. Ct. R. Civ. P. 38 — Right to a Jury Trial; Demand.
• D.C. Code § 11-921 — Superior Court civil jurisdiction.
• D.C. Courts — Superior Court Rules of Civil Procedure — https://www.dccourts.gov/superior-court/rules

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in the District of Columbia must review and customize this document before filing. Rules and citations change; verify all authorities before use. Note that a compulsory counterclaim under Rule 13(a) that is not pleaded is generally barred from later assertion.