Indiana State Court Counterclaim and Cross-Claim

INDIANA STATE COURT COUNTERCLAIM AND CROSS-CLAIM

(For Use in the Circuit and Superior Courts of Indiana — Ind. R. Trial 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. Indiana Practice Notes
16. Sources and References

1. CAPTION

STATE OF INDIANA, COUNTY OF [____________]
IN THE [____________] ☐ CIRCUIT / ☐ SUPERIOR COURT

Cause No. [____________]

DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM

2. INTRODUCTION AND GOVERNING RULE

Defendant / Counterclaimant [DEFENDANT FULL LEGAL NAME] ("Counterclaimant"), by counsel and pursuant to Indiana Trial Rule 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 filed together with, Counterclaimant's Answer pursuant to Ind. R. Trial P. 7(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 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. Cross-Claim Defendant [CO-DEFENDANT FULL LEGAL NAME] is a co-defendant 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. Classification of the Counterclaim(s) under Ind. R. Trial P. 13. Counterclaimant designates each Counterclaim asserted herein as follows:

☐ Compulsory Counterclaim — Ind. R. Trial P. 13(A). A pleading "shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any 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 of whom the court cannot acquire jurisdiction." A compulsory counterclaim not pleaded is generally waived.

☐ Permissive Counterclaim — Ind. R. Trial P. 13(B). A pleading "may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject-matter of the opposing party's claim."

3.5. To the extent any claim asserted herein matured or was acquired after service of an earlier pleading, Counterclaimant reserves the right to seek leave to assert it by supplemental pleading under Ind. R. Trial P. 13(E). To the extent adjudication of any claim requires joinder of an additional party, Counterclaimant invokes Ind. R. Trial 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 Circuit and Superior Courts are courts of general jurisdiction over civil actions in Indiana.

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

4.3. Preferred venue is proper in this County under Ind. R. Trial P. 75 because the events giving rise to these claims occurred here and/or one or more parties reside or maintain a principal office here.

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 precedent and material obligations required of it under the Agreement.

5.4. Beginning on or about [__/__/____], Counterclaim-Defendant [describe 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 its 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 interest as allowed by Ind. Code § 24-4.6-1-101 et seq. and costs.

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 rendered a measurable benefit to Counterclaim-Defendant consisting of [goods, services, money, or other value] at Counterclaim-Defendant's express or implied request.

7.3. Counterclaim-Defendant was aware of and accepted the benefit.

7.4. Permitting Counterclaim-Defendant to retain the benefit without paying its reasonable value would be unjust.

7.5. Counterclaimant is entitled to recover the reasonable value of the benefit, $[____________].

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 (plead with particularity under T.R. 9(B)), conversion, account stated, breach of fiduciary duty, or declaratory judgment under Ind. Code § 34-14-1: ____________]

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] — Ind. R. Trial 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 Ind. R. Trial P. 13(G), which permits a pleading to 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 either of the original action or of a counterclaim therein or relating to any property that is the subject-matter of the original action." Such cross-claim "may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant."

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 — INDEMNITY (CONTRACTUAL AND/OR IMPLIED)

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 — that liability arises from the acts, omissions, or fault of Cross-Claim Defendant, entitling Cross-Claimant to indemnification.

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 at fault for Plaintiff's alleged damages, fault must be apportioned among the parties in accordance with the Indiana Comparative Fault Act, Ind. Code § 34-51-2-1 et seq., and Cross-Claimant is entitled to apportionment of, or contribution toward, any liability in proportion to the parties' respective shares of fault.

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 as allowed by Ind. Code § 24-4.6-1-101 et seq.;

C. For reasonable attorney fees and costs as permitted by the parties' Agreement or applicable statute;

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 apportionment of fault and/or contribution according to Cross-Claim Defendant's respective share of responsibility;

On all claims:

F. For costs of this action; and

G. For all other just and proper relief.

11. DEMAND FOR JURY TRIAL

Pursuant to Ind. R. Trial 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 or local rule requires verification.)

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

I, [NAME], being first duly sworn upon oath, 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 matters stated therein are true and correct to the best of my knowledge, information, and belief.

____________________________
[NAME], [TITLE]

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

____________________________
Notary Public, State of Indiana
My Commission Expires: [__/__/____]

13. SIGNATURE BLOCK

DATED: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

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

14. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], a true and correct copy of the foregoing DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM was served upon the following, pursuant to Ind. R. Trial P. 5, by the method indicated:

☐ Indiana E-Filing System (IEFS) electronic service on all registered parties
☐ U.S. Mail, first-class postage prepaid
☐ Hand delivery
☐ Email (as permitted by Ind. R. Trial P. 5(B) and applicable e-filing rules)

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

15. INDIANA PRACTICE NOTES

• Governing rule. Indiana Trial Rule 13 governs counterclaims and cross-claims and closely tracks Fed. R. Civ. P. 13. T.R. 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 third parties beyond the court's jurisdiction; T.R. 13(B) makes claims not arising out of that transaction or occurrence permissive.

• Responsive-pleading deadline. Under Ind. R. Trial P. 6(C), a responsive pleading is due within 20 days after service of the summons and complaint (computed from the date of receipt). Some counties (e.g., Marion County) allow an automatic 30-day extension on written notice; confirm local rules. A party served with a counterclaim or cross-claim must respond within 20 days after service of that pleading.

• Waiver of compulsory counterclaims. A claim that qualifies as compulsory under T.R. 13(A) but is not asserted is generally barred in any later action. When in doubt, plead the claim and designate it compulsory. (See also T.R. 13(J) regarding the limitations effect for certain compulsory counterclaims.)

• Cross-claim scope. T.R. 13(G) permits a cross-claim against a co-party 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 apportionment/contribution ("all or part of a claim asserted in the action against the cross-claimant") fall within T.R. 13(G).

• Comparative fault. Most tort claims are governed by the Indiana Comparative Fault Act (Ind. Code § 34-51-2), which apportions fault among parties and nonparties. The Act does not apply to claims against governmental entities. Tailor the contribution/apportionment theory to the claim type.

• Joinder. T.R. 13(H) incorporates Rules 19 and 20 for adding parties to a counterclaim or cross-claim; serve any newly added party with process under T.R. 4 / 4.1.

• Court name and structure. Indiana trial courts of general jurisdiction are the Circuit Court and the Superior Court (county-by-county). Select the correct court in the caption and confirm preferred venue under T.R. 75.

• E-filing. Indiana requires electronic filing through the Indiana E-Filing System (IEFS) for represented parties; e-service through IEFS satisfies T.R. 5 as to registered parties.

16. SOURCES AND REFERENCES

• Indiana Rules of Trial Procedure — Rule 13 (Counterclaim and cross-claim)
• Indiana Rules of Trial Procedure — Rule 6 (Time)
• Ind. R. Trial P. 5 (Service of Pleadings and Other Papers)
• Ind. R. Trial P. 4.1 (Summons; Service on Individuals)
• Ind. R. Trial P. 38 (Jury Trial of Right; Demand)
• Ind. R. Trial P. 19 and 20 (Joinder of Parties)
• Ind. R. Trial P. 75 (Venue Requirements)
• Ind. Code § 34-51-2 — Comparative Fault
• Ind. Code § 24-4.6-1-101 et seq. (Interest)
• Indiana Trial Rules (full text)

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