Illinois State Court Counterclaim and Cross-Claim

ILLINOIS STATE COURT COUNTERCLAIM AND CROSS-CLAIM

(For Use in the Circuit Courts of Illinois — 735 ILCS 5/2-608)

TABLE OF CONTENTS

1. Caption
2. Introduction and Governing Statute
3. Parties; The Illinois "Counterclaim" Framework (Permissive, Not Federal-Compulsory)
4. Jurisdiction and Venue
5. Factual Allegations Common to All Counts
6. Counterclaim — Count I: Breach of Contract (Against Plaintiff)
7. Counterclaim — Count II: Unjust Enrichment (Against Plaintiff)
8. Counterclaim — Count III: [Other Claim] (Against Plaintiff)
9. Cross-Claim Counterclaim — Against Co-Defendant (Indemnity / Contribution)
10. Prayer for Relief
11. Jury Demand
12. Verification (If Required)
13. Signature Block
14. Certificate of Service
15. Illinois Practice Notes
16. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____________] JUDICIAL CIRCUIT
[____________] COUNTY, ILLINOIS

DEFENDANT'S ANSWER AND COUNTERCLAIM (INCLUDING CROSS CLAIM AGAINST CO-DEFENDANT)

2. INTRODUCTION AND GOVERNING STATUTE

Defendant [DEFENDANT FULL LEGAL NAME] ("Counter-Plaintiff"), by and through undersigned counsel and pursuant to 735 ILCS 5/2-608, asserts the following counterclaim(s) against Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Counter-Defendant") and the following cross claim(s) against Co-Defendant [CO-DEFENDANT FULL LEGAL NAME].

These claims are pleaded as part of, and filed together with, Counter-Plaintiff's Answer in accordance with 735 ILCS 5/2-608(b). Counter-Plaintiff incorporates by reference its admissions, denials, and affirmative defenses set forth in its Answer by specific reference as permitted by 735 ILCS 5/2-608(c).

Key Illinois distinction. Under 735 ILCS 5/2-608(a), both counterclaims and cross claims are pleaded as a "counterclaim." The statute provides that "any claim by one or more defendants against one or more plaintiffs, or against one or more codefendants, whether in the nature of setoff, recoupment, cross claim or otherwise, and whether in tort or contract, for liquidated or unliquidated damages, or for other relief, may be pleaded as a cross claim in any action, and when so pleaded shall be called a counterclaim." Illinois does not use the federal "compulsory counterclaim" mechanism of Fed. R. Civ. P. 13(a); Illinois counterclaims are generally permissive. See Practice Notes (§ 15).

3. PARTIES; THE ILLINOIS "COUNTERCLAIM" FRAMEWORK (PERMISSIVE, NOT FEDERAL-COMPULSORY)

3.1. Counter-Plaintiff [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. Counter-Defendant [PLAINTIFF FULL LEGAL 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] [County / State].

3.3. Co-Defendant [CO-DEFENDANT FULL LEGAL NAME] is a codefendant in this action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [County / State].

3.4. Nature of these claims under 735 ILCS 5/2-608. Each claim asserted in this pleading is designated a counterclaim, whether asserted against the Plaintiff or against a codefendant:

☐ Counterclaim against Plaintiff (735 ILCS 5/2-608(a)). A claim by Defendant against Plaintiff, whether in tort or contract and whether for setoff, recoupment, or affirmative relief.

☐ Cross claim against Codefendant, pleaded as a counterclaim (735 ILCS 5/2-608(a)). A claim by Defendant against a codefendant.

3.5. Permissive nature. Illinois generally treats counterclaims as permissive. A defendant is not required by 735 ILCS 5/2-608 to plead a claim arising from the same transaction in the present action, although doctrines of res judicata and collateral estoppel may bar later relitigation of matters that were or could have been adjudicated. Counsel should evaluate preclusion risk before electing to withhold a related claim.

3.6. Pleading standard. Illinois is a fact-pleading jurisdiction. Under 735 ILCS 5/2-608(c), every counterclaim must be pleaded "in the same manner and with the same particularity as a complaint" and must be "complete in itself," though allegations elsewhere in the answer may be incorporated by specific reference. A true counterclaim must state a recognized cause of action and make a specific prayer for affirmative relief; a pleading that merely defeats the plaintiff's claim is an affirmative defense, not a counterclaim. See Carmichael v. Union Pacific R.R. Co., 2019 IL 123853.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over these claims. The Circuit Court is a court of general jurisdiction over justiciable matters in Illinois.

4.2. The Court has personal jurisdiction over Counter-Defendant, who submitted to the jurisdiction of this Court by filing the Complaint, and over the Co-Defendant, who is already a party before the Court. Under 735 ILCS 5/2-608(b), service of process on parties already before the Court is not necessary.

4.3. Venue is proper in this County under 735 ILCS 5/2-101 et seq. because the transaction or some part thereof occurred here and/or one or more parties reside or do business here.

5. FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

5.1. On or about [__/__/____], Counter-Plaintiff and Counter-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, Counter-Defendant agreed to [describe Counter-Defendant's key obligations].

5.3. Counter-Plaintiff performed, or was excused from performing, all conditions precedent and material obligations required of it under the Agreement.

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

5.5. As a direct and proximate result, Counter-Plaintiff has been damaged 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 Counter-Defendant [PLAINTIFF NAME])

6.1. Counter-Plaintiff realleges and incorporates by specific reference Paragraphs 3.1 through 5.6 as though fully set forth herein.

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

6.3. Counter-Plaintiff substantially performed its obligations under the Agreement, or was excused from performance.

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

6.5. As a direct and proximate result of Counter-Defendant's breach, Counter-Plaintiff has been damaged in the sum of $[____________], or in an amount to be proven at trial, together with interest under 735 ILCS 5/2-1303 and costs.

7. COUNTERCLAIM — COUNT II: UNJUST ENRICHMENT

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

7.1. Counter-Plaintiff realleges and incorporates by specific reference Paragraphs 3.1 through 5.6 as though fully set forth herein.

7.2. Counter-Plaintiff conferred a benefit upon Counter-Defendant consisting of [goods, services, money, or other value].

7.3. Counter-Defendant unjustly retained that benefit to Counter-Plaintiff's detriment.

7.4. Counter-Defendant's retention of the benefit without payment violates fundamental principles of justice, equity, and good conscience.

7.5. Counter-Plaintiff is entitled to restitution in the amount of $[____________], the reasonable value of the benefit conferred.

8. COUNTERCLAIM — COUNT III: [OTHER CLAIM]

(Against Counter-Defendant [PLAINTIFF NAME])

8.1. Counter-Plaintiff realleges and incorporates by specific reference Paragraphs 3.1 through 5.6 as though fully set forth herein.

8.2. [State the elements and supporting facts of the additional claim with the particularity required by Illinois fact pleading — e.g., common law fraud, account stated, conversion, breach of fiduciary duty, or declaratory judgment under 735 ILCS 5/2-701: ____________]

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

9. CROSS-CLAIM COUNTERCLAIM — AGAINST CO-DEFENDANT

(By [DEFENDANT NAME] Against Co-Defendant [CO-DEFENDANT NAME] — Pleaded as a Counterclaim under 735 ILCS 5/2-608)

9.1. Counter-Plaintiff realleges and incorporates by specific reference Paragraphs 3.1 through 5.6 as though fully set forth herein.

9.2. Authority. This cross claim against a codefendant is pleaded as a counterclaim pursuant to 735 ILCS 5/2-608(a), which expressly authorizes a claim by a defendant "against one or more codefendants, whether in the nature of setoff, recoupment, cross claim or otherwise, and whether in tort or contract." Under 735 ILCS 5/2-608(b), service of process on a codefendant already before the Court is not necessary.

9.3. This claim arises out of the same transaction or occurrence that is the subject matter of Plaintiff's Complaint.

CROSS-CLAIM COUNT A — INDEMNITY (CONTRACTUAL AND/OR IMPLIED)

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

9.5. If Counter-Plaintiff is found liable to Plaintiff — which liability is expressly denied — that liability arises from the acts, omissions, or fault of Co-Defendant, entitling Counter-Plaintiff to indemnification.

CROSS-CLAIM COUNT B — CONTRIBUTION

9.6. In the alternative, to the extent Counter-Plaintiff and Co-Defendant are subject to liability in tort arising out of the same injury to Plaintiff, Counter-Plaintiff is entitled to contribution from Co-Defendant in proportion to its relative culpability pursuant to the Joint Tortfeasor Contribution Act, 740 ILCS 100/0.01 et seq.

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

10. PRAYER FOR RELIEF

WHEREFORE, Defendant / Counter-Plaintiff respectfully requests that this Court enter judgment as follows:

On the counterclaim(s) against Plaintiff / Counter-Defendant:

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

B. Awarding pre-judgment and post-judgment interest at the rate provided by 735 ILCS 5/2-1303;

C. Awarding reasonable attorneys' fees and costs as permitted by contract or statute;

On the cross claim(s) against Co-Defendant:

D. Awarding full indemnity for any sums adjudged against Counter-Plaintiff in favor of Plaintiff, together with associated defense costs and attorneys' fees;

E. In the alternative, awarding contribution under 740 ILCS 100/0.01 et seq. in proportion to Co-Defendant's relative culpability;

On all claims:

F. Awarding costs of suit; and

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

11. JURY DEMAND

Pursuant to 735 ILCS 5/2-1105, Defendant / Counter-Plaintiff hereby demands a trial by jury on all issues so triable, including all counterclaims and cross claims asserted herein.

☐ Yes — Jury trial demanded.

☐ No — No jury trial demanded.

Illinois jury-demand timing (735 ILCS 5/2-1105): A defendant desiring a jury trial must file a demand not later than the filing of its answer. A party asserting a counterclaim must file any jury demand for the counterclaim not later than the filing of the pleading that states the counterclaim. The applicable jury fee must be paid at filing; an untimely demand waives the right to a jury.

12. VERIFICATION

Illinois Practice Note: Under 735 ILCS 5/1-109, if the Complaint is verified, the responsive pleading (including a counterclaim) must be verified. Verification is accomplished by certification under penalties of perjury, not a notarized affidavit.

☐ Verification required (Complaint was verified or a statute requires it)
☐ Verification not required

VERIFICATION BY CERTIFICATION

Under penalties as provided by law pursuant to 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this Counterclaim are true and correct, except as to matters therein stated to be on information and belief, and as to such matters the undersigned certifies as aforesaid that he or she verily believes the same to be true.

Dated: [__/__/____]

____________________________
[NAME OF SIGNATORY]

13. SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: ____________________________
[ATTORNEY NAME]
Attorney for Defendant / Counter-Plaintiff [DEFENDANT NAME]
ARDC No. [____________]
[STREET ADDRESS]
[CITY, ILLINOIS ZIP]
Telephone: [____________]
Email: [____________]

14. CERTIFICATE OF SERVICE

The undersigned certifies that on [__/__/____], the foregoing Defendant's Answer and Counterclaim (Including Cross Claim Against Co-Defendant) was served upon the following by the method indicated, in accordance with Illinois Supreme Court Rule 11:

☐ Electronic filing/service via the court's approved e-filing service provider (service on all parties registered for electronic service)
☐ Email (with consent or as authorized by Ill. S. Ct. R. 11)
☐ U.S. Mail, postage prepaid
☐ Personal delivery
☐ Third-party commercial carrier / overnight delivery

____________________________
[ATTORNEY NAME]

Illinois E-Filing (Ill. S. Ct. R. 9): Electronic filing is mandatory in civil cases through an approved e-filing service provider. Service through the e-filing system constitutes service on all parties registered for electronic service. Under 735 ILCS 5/2-608(b), no new service of process is required on parties already before the Court.

15. ILLINOIS PRACTICE NOTES

• One label for two claim types. Under 735 ILCS 5/2-608(a), Illinois pleads both counterclaims (against a plaintiff) and cross claims (against a codefendant) as a single device called a "counterclaim." Designate the pleading accordingly and identify the target party.

• Permissive, not federal-compulsory. Illinois does not have a compulsory-counterclaim rule equivalent to Fed. R. Civ. P. 13(a). Counterclaims in Illinois are generally permissive; a defendant ordinarily is not barred from raising a related claim in a separate action merely because it was omitted here. However, res judicata and collateral estoppel can still preclude later litigation of matters that were or could have been litigated. Evaluate preclusion before withholding a related claim.

• Counterclaim vs. affirmative defense. A counterclaim is an independent, substantive cause of action that must be legally and factually sufficient and must contain a specific prayer for affirmative relief. A pleading that only seeks to defeat the plaintiff's claim — without requesting affirmative relief — is an affirmative defense, not a counterclaim. Misclassification can be fatal. See Carmichael v. Union Pacific R.R. Co., 2019 IL 123853.

• Fact pleading and particularity. Every counterclaim must be pleaded with the same particularity as a complaint and be complete in itself (735 ILCS 5/2-608(c)); conclusory allegations are insufficient under Illinois fact-pleading standards.

• Responsive-pleading deadline. Rule 181(a)'s 30-day period applies when the summons requires appearance within 30 days after service; the day of service is excluded. Other actions use a summons with a specified appearance date or another statute- or rule-controlled schedule. Follow the served summons, Rule 181, and all case-specific orders before fixing the answer or counterclaim deadline. A party against whom a counterclaim is filed must plead to it as in the case of a complaint (735 ILCS 5/2-608(d)).

• Service. A counterclaim is part of the answer; service of process on parties already before the Court is not necessary (735 ILCS 5/2-608(b)). Service of the pleading itself is made under Illinois Supreme Court Rule 11, and e-filing/e-service is mandatory under Rule 9. If a counterclaim adds a new party, summons must issue and be served on that party.

• Amendments. Leave to add or amend a counterclaim may be sought under 735 ILCS 5/2-616, which courts apply liberally before final judgment.

• Interest. Statutory judgment interest is governed by 735 ILCS 5/2-1303.

• Court name. The trial court of general jurisdiction in Illinois is the Circuit Court, organized into judicial circuits. Use the correct judicial circuit and county in the caption, and consult local circuit rules.

16. SOURCES AND REFERENCES

• 735 ILCS 5/2-608 — Counterclaims (Illinois General Assembly)
• 735 ILCS 5/2-614 — Joinder of Causes of Action / Counterclaims
• 735 ILCS 5/2-616 — Amendments
• 735 ILCS 5/2-1105 — Jury Demand
• 735 ILCS 5/2-1303 — Interest on Judgment
• 735 ILCS 5/1-109 — Verification by Certification
• 740 ILCS 100 — Joint Tortfeasor Contribution Act
• Illinois Supreme Court Rules (full text) — Rules 9, 11, 181
• Carmichael v. Union Pacific R.R. Co., 2019 IL 123853 — distinction between counterclaim and affirmative defense

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