Idaho State Court Counterclaim and Cross-Claim

IDAHO STATE COURT COUNTERCLAIM AND CROSS-CLAIM

(For Use in the District Courts of the State of Idaho — Idaho R. Civ. P. 13)

TABLE OF CONTENTS

1. Caption
2. Introduction and Governing Rule
3. Parties; Compulsory vs. Permissive Classification
4. Jurisdiction and Venue
5. Factual Allegations Common to All Counts
6. Counterclaim — Count I: Breach of Contract
7. Counterclaim — Count II: Unjust Enrichment (Quantum Meruit)
8. Counterclaim — Count III: [Other Claim]
9. Cross-Claim Against Co-Defendant
10. Prayer for Relief
11. Demand for Jury Trial
12. Verification (If Required)
13. Signature Block
14. Certificate of Service
15. Idaho Practice Notes
16. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF THE [____________] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____________]

Case No. [____________]

DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM

2. INTRODUCTION AND GOVERNING RULE

Defendant / Counterclaimant [DEFENDANT FULL LEGAL NAME] ("Counterclaimant"), by and through undersigned counsel, and pursuant to Idaho Rule of Civil Procedure 13, asserts the following Counterclaim(s) against Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Counterclaim-Defendant") and the following Cross-Claim(s) against Co-Defendant [CO-DEFENDANT FULL LEGAL NAME] ("Cross-Claim Defendant").

These claims are asserted as part of, and are filed together with, Counterclaimant's Answer pursuant to Idaho R. Civ. P. 7(a) and 12(a)(1)(A). Counterclaimant incorporates by reference each admission, denial, and affirmative defense set forth in its Answer as though fully restated herein.

3. PARTIES; COMPULSORY VS. PERMISSIVE CLASSIFICATION

3.1. Counterclaimant [DEFENDANT FULL LEGAL NAME] is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [County / State].

3.2. Counterclaim-Defendant [PLAINTIFF FULL LEGAL NAME] is the Plaintiff in the above-captioned action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [County / State].

3.3. Cross-Claim Defendant [CO-DEFENDANT FULL LEGAL NAME] is a co-defendant in the above-captioned action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [County / State].

3.4. Classification of the Counterclaim(s) under Idaho R. Civ. P. 13. Counterclaimant designates each Counterclaim asserted herein as follows:

☐ Compulsory Counterclaim — Idaho R. Civ. P. 13(a). The claim arises out of the transaction or occurrence that is the subject matter of Plaintiff's claim and does not require adding another party over whom the Court cannot acquire jurisdiction. Under Rule 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" that meets these criteria. A compulsory counterclaim not pleaded is generally waived.

☐ Permissive Counterclaim — Idaho R. Civ. P. 13(b). The claim is any claim against an opposing party that is not compulsory. A pleading "may state as a counterclaim against an opposing party any claim that is not compulsory."

3.5. Pursuant to Idaho R. Civ. P. 13(c), 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 sought by Plaintiff.

3.6. To the extent any Counterclaim or Cross-Claim asserted herein matured or was acquired after service of an earlier pleading, Counterclaimant reserves the right to seek leave to file a supplemental pleading under Idaho R. Civ. P. 13(e). To the extent adjudication of any claim requires joinder of an additional party, Counterclaimant invokes Idaho R. Civ. P. 13(h), and Rules 19 and 20.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over these Counterclaim(s) and Cross-Claim(s). The District Court is a court of general jurisdiction over civil actions in Idaho.

4.2. The Court has personal jurisdiction over Counterclaim-Defendant, who submitted to the jurisdiction of this Court by filing the Complaint. The Court has personal jurisdiction over Cross-Claim Defendant, who is a party already before the Court in this action.

4.3. Venue is proper in this County under the applicable Idaho Code § 5-404 branch because [the cause of action arose here / an individual Defendant resided here when the action commenced / a qualifying Idaho corporation has its principal place of business here / OTHER CURRENT STATUTORY BASIS].

5. FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

5.1. On or about [__/__/____], Counterclaimant and Counterclaim-Defendant entered into a [written / oral] agreement titled "[CONTRACT NAME]" (the "Agreement"), [a true and correct copy of which is attached as Exhibit A and incorporated by reference].

5.2. Under the Agreement, Counterclaim-Defendant agreed to [describe Counterclaim-Defendant's key obligations].

5.3. Counterclaimant performed, or was excused from performing, all conditions, covenants, and obligations required of it under the Agreement, except those it was prevented or excused from performing by Counterclaim-Defendant's conduct.

5.4. Beginning on or about [__/__/____], Counterclaim-Defendant [describe the acts or omissions giving rise to the counterclaim].

5.5. As a direct and proximate result, Counterclaimant has suffered damages in an amount to be proven at trial but estimated to exceed $[____________].

5.6. [Add additional numbered factual allegations as necessary: ____________]

6. COUNTERCLAIM — COUNT I: BREACH OF CONTRACT

(Against Counterclaim-Defendant [PLAINTIFF NAME])

6.1. Counterclaimant realleges and incorporates Paragraphs 3.1 through 5.6 as though fully set forth herein.

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

6.3. Counterclaimant performed all conditions precedent and its material obligations under the Agreement, or was excused from doing so.

6.4. Counterclaim-Defendant materially breached the Agreement by [specific acts or omissions].

6.5. As a direct and proximate result of the breach, Counterclaimant has been damaged in an amount to be proven at trial, plus pre- and post-judgment interest at the rate allowed by Idaho Code § 28-22-104.

7. COUNTERCLAIM — COUNT II: UNJUST ENRICHMENT (QUANTUM MERUIT)

(Against Counterclaim-Defendant [PLAINTIFF NAME] — Pleaded in the Alternative)

7.1. Counterclaimant realleges and incorporates Paragraphs 3.1 through 5.6 as though fully set forth herein.

7.2. Counterclaimant conferred a benefit upon Counterclaim-Defendant in the form of [goods, services, money, or other value].

7.3. Counterclaim-Defendant had knowledge and appreciation of the benefit conferred.

7.4. Counterclaim-Defendant accepted and retained the benefit under circumstances in which it would be inequitable to do so without payment of the reasonable value thereof.

7.5. The reasonable value of the benefit conferred is $[____________], which Counterclaim-Defendant should be required, in equity and good conscience, to pay.

8. COUNTERCLAIM — COUNT III: [OTHER CLAIM]

(Against Counterclaim-Defendant [PLAINTIFF NAME])

8.1. Counterclaimant realleges and incorporates Paragraphs 3.1 through 5.6 as though fully set forth herein.

8.2. [State the elements and supporting facts of the additional claim — e.g., fraud, breach of the implied covenant of good faith and fair dealing, conversion, account stated, or declaratory judgment: ____________]

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

9. CROSS-CLAIM AGAINST CO-DEFENDANT

(By [DEFENDANT NAME] Against Cross-Claim Defendant [CO-DEFENDANT NAME] — Idaho R. Civ. P. 13(g))

9.1. Cross-Claimant [DEFENDANT NAME] realleges and incorporates Paragraphs 3.1 through 5.6 as though fully set forth herein.

9.2. Authority. This Cross-Claim is asserted under Idaho R. Civ. P. 13(g), which permits a pleading to "state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence 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." Rule 13(g) further provides that the crossclaim "may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant."

9.3. This Cross-Claim arises out of the same transaction or occurrence that is the subject matter of Plaintiff's Complaint and/or relates to the property at issue in this action.

CROSS-CLAIM COUNT A — CONTRACTUAL AND/OR COMMON-LAW INDEMNITY

9.4. By reason of the [contract / relationship / conduct] described above, Cross-Claim Defendant is obligated to indemnify Cross-Claimant for any and all sums that may be adjudged against Cross-Claimant in favor of Plaintiff, together with costs and attorney fees incurred in defending Plaintiff's claims.

9.5. If Cross-Claimant is found liable to Plaintiff — which liability is expressly denied — such liability arises from the acts, omissions, or fault of Cross-Claim Defendant, entitling Cross-Claimant to full indemnity.

CROSS-CLAIM COUNT B — CONTRIBUTION / APPORTIONMENT OF FAULT

9.6. In the alternative, to the extent Cross-Claimant and Cross-Claim Defendant are determined to be joint or concurrent tortfeasors or otherwise jointly responsible, Cross-Claimant is entitled to contribution from, and apportionment of fault to, Cross-Claim Defendant in proportion to its respective share of responsibility for Plaintiff's alleged damages.

9.7. As a direct and proximate result of Cross-Claim Defendant's acts or omissions, Cross-Claimant has been or may be damaged in an amount to be proven at trial.

10. PRAYER FOR RELIEF

WHEREFORE, Defendant / Counterclaimant / Cross-Claimant respectfully requests that this Court enter judgment as follows:

On the Counterclaim(s) against Plaintiff:

A. For compensatory damages in an amount to be proven at trial, but not less than $[____________];

B. For pre-judgment and post-judgment interest at the rate allowed by Idaho Code § 28-22-104;

C. For reasonable attorney fees and costs as permitted by Idaho Code §§ 12-120 and 12-121, the parties' Agreement, or other applicable authority;

On the Cross-Claim(s) against Co-Defendant:

D. For full indemnity for any sums adjudged against Cross-Claimant in favor of Plaintiff, together with associated costs and attorney fees;

E. In the alternative, for contribution and apportionment of fault according to Cross-Claim Defendant's respective share of responsibility;

On all claims:

F. For costs of suit incurred herein; and

G. For such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Pursuant to Idaho R. Civ. P. 38, Defendant / Counterclaimant demands a trial by jury on all issues so triable.

☐ Yes — Jury trial demanded on all issues so triable.

☐ No — No jury trial demanded.

12. VERIFICATION

(Include only if required — e.g., where the Complaint was verified or a statute requires verification. See I.R.C.P. 11(b).)

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

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

____________________________
[NAME], [TITLE]

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

____________________________
Notary Public for the State of Idaho
Residing at: [____________]
My Commission Expires: [__/__/____]

13. SIGNATURE BLOCK

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

Respectfully submitted,

[LAW FIRM NAME]

By: ____________________________
[ATTORNEY NAME], ISB No. [____________]
[STREET ADDRESS]
[CITY, IDAHO ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Defendant / Counterclaimant [DEFENDANT NAME]

14. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the [____] day of [____________], 20[____], I caused a true and correct copy of the foregoing DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM to be served, pursuant to Idaho R. Civ. P. 5(b), upon the following by the method indicated:

☐ iCourt File & Serve (electronic service on all registered parties)
☐ U.S. Mail, postage prepaid
☐ Hand delivery
☐ Overnight delivery
☐ Email (by prior written consent or as permitted by I.R.C.P. 5(b))

____________________________
[ATTORNEY NAME], ISB No. [____________]
Attorney for Defendant / Counterclaimant

15. IDAHO PRACTICE NOTES

• Governing rule. Idaho Rule of Civil Procedure 13 governs counterclaims and crossclaims and closely tracks Fed. R. Civ. P. 13. Rule 13(a) makes a counterclaim compulsory when it arises out of the same transaction or occurrence as the opposing party's claim and does not require adding a party beyond the court's jurisdiction; Rule 13(b) makes all other counterclaims permissive.

• Responsive-pleading deadline. Under I.R.C.P. 12(a)(1)(A), a defendant must serve an answer within 21 calendar days after being served with the summons and complaint. A counterclaim and cross-claim are pleaded with the answer. A party served with a counterclaim or crossclaim must serve a response within 21 days after service of that pleading (I.R.C.P. 12(a)(1)(B)). Filing a Rule 12(b) motion alters these periods.

• Waiver of compulsory counterclaims. A claim that qualifies as compulsory under Rule 13(a) but is not asserted is generally barred in any later action. When in doubt, plead the claim and designate it compulsory.

• Cross-claim scope. Rule 13(g) permits a cross-claim against a coparty only when it arises from the same transaction or occurrence as the original action or a counterclaim, or relates to property at issue. Claims for indemnity and contribution ("all or part of a claim asserted in the action against the crossclaimant") fit squarely within Rule 13(g).

• Joinder. Idaho R. Civ. P. 13(h) incorporates Rules 19 and 20 for adding parties to a counterclaim or crossclaim. If a needed party is not yet before the court, plan for service of process under I.R.C.P. 4.

• Court name and structure. The trial court of general jurisdiction in Idaho is the District Court, organized into seven judicial districts. Use the correct judicial district and county in the caption.

• Attorney fees. Idaho Code § 12-120 provides for fees in certain commercial and contract actions; § 12-121 allows fees to the prevailing party where the case was brought, pursued, or defended frivolously, unreasonably, or without foundation. Plead the fee basis.

• E-filing. Idaho uses the iCourt File & Serve system; attorneys must e-file. Confirm local district practices and any cover-sheet requirements.

16. SOURCES AND REFERENCES

• Idaho Rules of Civil Procedure (official) — https://isc.idaho.gov/rules-procedure/ircp
• Idaho R. Civ. P. 13 (Counterclaims and Crossclaims)
• Idaho R. Civ. P. 12 (Defenses; Time to Serve Responsive Pleading — 21 days)
• Idaho R. Civ. P. 5 (Service of Pleadings and Other Papers)
• Idaho R. Civ. P. 38 (Jury Trial; Demand)
• Idaho R. Civ. P. 19 and 20 (Joinder of Parties)
• Idaho Code § 12-120 and § 12-121 (Attorney Fees) — https://legislature.idaho.gov/statutesrules/idstat/
• Idaho Code § 28-22-104 (Legal Rate of Interest)
• Idaho Court Assistance Office — https://courtselfhelp.idaho.gov

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