Maryland State Court Counterclaim & Cross-Claim

DEFENDANT'S COUNTERCLAIM AND CROSS-CLAIM

Maryland Circuit Court

IMPORTANT INSTRUCTIONS FOR ATTORNEYS

1. Replace every bracketed placeholder with case-specific information.
2. Counterclaims in Maryland are PERMISSIVE, not compulsory. Md. Rule 2-331(a) lets a party assert "any claim that party has against any opposing party, whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim." Maryland does not impose a federal-style "use it or lose it" bar. See Rowland v. Harrison, 320 Md. 223, 233 (1990). This differs from Fed. R. Civ. P. 13(a).
3. Time for filing — Md. Rule 2-331(d). File the counterclaim or cross-claim with the Answer or within the answer period. If filed more than 30 days after the time for filing the answer, any other party may move to strike within 15 days of service, and the court "shall grant the motion to strike unless there is a showing that the delay does not prejudice other parties."
4. Answer deadline — Circuit Court: 30 days after service of the original Complaint. Md. Rule 2-321(a). (District Court: substitute Title 3 rules; a counterclaim/cross-claim is generally filed within 10 days of the deadline to file the Notice of Intention to Defend.)
5. Cross-claim — Md. Rule 2-331(b). A cross-claim against a co-party must arise out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or relate to property that is the subject matter of the original action. It may include claims for indemnity or contribution.
6. Joinder of new parties — Md. Rule 2-331(c). A person not already a party may be added; that person is served as a defendant in an original action, together with all prior pleadings and orders.
7. Electronic Filing: Most Maryland counties require electronic filing via MDEC (Maryland Electronic Courts).
8. Remove all instructional notes before filing.

CAPTION

IN THE CIRCUIT COURT FOR [____________] COUNTY, MARYLAND

Civil Action No.: [____________]

DEFENDANT'S COUNTERCLAIM AND CROSS-CLAIM

Defendant [DEFENDANT NAME] ("Counterclaimant"), by and through undersigned counsel, and pursuant to Maryland Rule 2-331, files this Counterclaim against Plaintiff [PLAINTIFF NAME] ("Counter-Defendant") and this Cross-Claim against Co-Defendant [CO-DEFENDANT NAME] ("Cross-Defendant"), and in support states as follows:

I. PARTIES

1.1. Counterclaimant [DEFENDANT NAME] is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [____________], with a [residence / principal place of business] in [____________] County, Maryland.

1.2. Counter-Defendant [PLAINTIFF 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] [____________].

1.3. Cross-Defendant [CO-DEFENDANT 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] [____________].

1.4. Permissive nature of counterclaim. Pursuant to Md. Rule 2-331(a), a party may assert as a counterclaim any claim it has against an opposing party, whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. The counterclaim(s) asserted herein [☐ arise out of / ☐ do not arise out of] the same transaction or occurrence as Plaintiff's Complaint. Maryland counterclaims are permissive; Counterclaimant does not waive any claim by electing to assert, or not to assert, it here.

II. JURISDICTION AND VENUE

2.1. This Court has subject-matter jurisdiction over this Counterclaim and Cross-Claim, which are ancillary to the pending civil action and assert claims within the jurisdiction of the Circuit Court.

2.2. Venue is proper in this Court under Md. Code, Cts. & Jud. Proc. § 6-201 et seq. because [the original action is pending here / Counter-Defendant resides or carries on a regular business here / the cause of action arose here].

2.3. This Court has personal jurisdiction over Counter-Defendant and Cross-Defendant because each [is a Maryland resident / transacts business in Maryland / has appeared in this action].

III. FACTUAL ALLEGATIONS

3.1. On or about [__/__/____], Counterclaimant and Counter-Defendant [entered into / engaged in] [describe relationship, agreement, or transaction].

3.2. [State the operative facts giving rise to the counterclaim, numbered separately. Add as many paragraphs as needed.]

3.3. [____________]

3.4. [____________]

3.5. As more fully alleged below, Counter-Defendant breached its obligations and/or engaged in wrongful conduct that has damaged Counterclaimant.

3.6. With respect to the Cross-Claim, Cross-Defendant [describe the co-party's role in the same transaction or occurrence, or relationship giving rise to indemnity/contribution].

IV. COUNTERCLAIM — COUNT I: BREACH OF CONTRACT (Against Counter-Defendant)

4.1. Counterclaimant re-alleges and incorporates Paragraphs 1.1 through 3.6 as though fully set forth herein.

4.2. Counterclaimant and Counter-Defendant entered into a valid and enforceable contract, the [Contract Name / Agreement] dated [__/__/____] (a true and correct copy of which is attached as Exhibit A and incorporated by reference).

4.3. Counterclaimant performed all of its obligations under the Agreement, or was excused from performing such obligations.

4.4. Counter-Defendant materially breached the Agreement by [describe the breach].

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

V. COUNTERCLAIM — COUNT II: UNJUST ENRICHMENT (Against Counter-Defendant)

5.1. Counterclaimant re-alleges and incorporates Paragraphs 1.1 through 4.5 as though fully set forth herein.

5.2. Counterclaimant conferred a benefit upon Counter-Defendant, namely [describe benefit — money, goods, services, or property].

5.3. Counter-Defendant had knowledge of and appreciated the benefit conferred.

5.4. Counter-Defendant accepted and retained the benefit under circumstances that make it inequitable for Counter-Defendant to retain the benefit without payment of its value.

5.5. As a result, Counter-Defendant has been unjustly enriched at Counterclaimant's expense in an amount to be proven at trial but not less than $[____________].

VI. COUNTERCLAIM — COUNT III: [OTHER CLAIM] (Against Counter-Defendant)

6.1. Counterclaimant re-alleges and incorporates Paragraphs 1.1 through 5.5 as though fully set forth herein.

6.2. [State the elements and supporting facts of the additional claim — e.g., fraud, conversion, negligence, breach of warranty.]

6.3. [____________]

6.4. As a direct and proximate result, Counterclaimant has been damaged in an amount to be proven at trial but not less than $[____________].

VII. CROSS-CLAIM AGAINST CO-DEFENDANT (Pursuant to Md. Rule 2-331(b))

7.1. Counterclaimant/Cross-Claimant re-alleges and incorporates Paragraphs 1.1 through 6.4 as though fully set forth herein.

7.2. Pursuant to Md. Rule 2-331(b), Cross-Claimant asserts this Cross-Claim against Cross-Defendant [CO-DEFENDANT NAME] because the claim arises out of the transaction or occurrence that is the subject matter of the original action [and/or of a counterclaim therein] [and/or relates to property that is the subject matter of the original action].

Count IV — Indemnification (Against Cross-Defendant)

7.3. By reason of [the parties' agreement / their respective roles in the underlying events / operation of law], if Counterclaimant is found liable to Plaintiff on the Complaint, such liability arose from the conduct of Cross-Defendant, and Cross-Defendant is obligated to indemnify Counterclaimant for all or part of any judgment, together with costs and attorneys' fees.

Count V — Contribution (Against Cross-Defendant)

7.4. In the alternative, if Counterclaimant and Cross-Defendant are determined to be joint tortfeasors or jointly liable to Plaintiff, Counterclaimant is entitled to contribution from Cross-Defendant under the Maryland Uniform Contribution Among Joint Tort-Feasors Act, Md. Code, Cts. & Jud. Proc. § 3-1401 et seq., for Cross-Defendant's proportionate share of any liability.

Count VI — [Direct Claim Against Cross-Defendant, if any]

7.5. [State any independent claim Cross-Claimant has against Cross-Defendant arising from the same transaction or occurrence — e.g., breach of contract, breach of a subcontract, negligence — with supporting facts.]

7.6. As a result of the foregoing, Cross-Claimant has been or will be damaged in an amount to be proven at trial.

VIII. JURY DEMAND

(Select one — Md. Rule 2-325)

☐ Counterclaimant/Cross-Claimant demands a trial by jury on all issues so triable.

☐ Counterclaimant/Cross-Claimant does not demand a jury trial at this time.

IX. PRAYER FOR RELIEF

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

A. Enter judgment in favor of Counterclaimant and against Counter-Defendant on each Count of the Counterclaim;

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

C. Enter judgment in favor of Cross-Claimant and against Cross-Defendant on the Cross-Claim, including indemnification and/or contribution for all or part of any judgment entered against Counterclaimant in the original action;

D. Award pre-judgment and post-judgment interest at the maximum legal rate;

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

F. Grant such other and further relief as this Court deems just and proper.

SIGNATURE BLOCK

Respectfully submitted,

[FIRM NAME]

[STREET ADDRESS]
[CITY], Maryland [ZIP]
Telephone: [____________]
Email: [____________]

By: ________________________________________
[ATTORNEY NAME]
AIS / Bar No.: [____________]
Attorney for Defendant / Counterclaimant / Cross-Claimant [____________]

Date: [__/__/____]

VERIFICATION

STATE OF MARYLAND, [____________] COUNTY, to wit:

I, [NAME], solemnly affirm under the penalties of perjury that the contents of the foregoing Counterclaim and Cross-Claim are true to the best of my knowledge, information, and belief.

________________________________________
[NAME]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [____] day of [____________], [____], a copy of the foregoing Defendant's Counterclaim and Cross-Claim was served upon all counsel of record (and upon any newly joined party in the manner provided for original process under Md. Rule 2-121), pursuant to Md. Rule 1-321, by:

☐ MDEC electronic service

☐ First-class mail, postage prepaid

☐ Hand delivery

☐ Email (with consent of the recipient)

addressed as follows:

[COUNTER-DEFENDANT'S COUNSEL — NAME, FIRM, ADDRESS, EMAIL]

[CROSS-DEFENDANT / NEWLY JOINED PARTY — NAME, ADDRESS, EMAIL]

________________________________________
[ATTORNEY NAME]

MARYLAND PRACTICE NOTES

• Permissive counterclaims. All Maryland counterclaims are permissive. Md. Rule 2-331(a); Rowland v. Harrison, 320 Md. 223 (1990). A party that does not assert a counterclaim is not barred from bringing it later as an independent action. This is the principal divergence from Fed. R. Civ. P. 13(a).
• Late filing / motion to strike. Under Md. Rule 2-331(d), a counterclaim or cross-claim filed more than 30 days after the answer deadline is subject to a motion to strike (filed within 15 days of service). The court must grant the motion unless the filer shows the delay does not prejudice other parties. Striking the counterclaim does not bar a separate action.
• Cross-claim transactional limit. Unlike a counterclaim, a cross-claim under Md. Rule 2-331(b) must arise from the same transaction or occurrence as the original action or a counterclaim, or relate to property at issue. Indemnity and contribution claims are expressly permitted.
• Joinder. Md. Rule 2-331(c) allows joinder of a non-party to a counterclaim or cross-claim; the new party is served as a defendant in an original action under Md. Rule 2-121, together with copies of all prior pleadings and orders.
• Response to the counterclaim/cross-claim. A party served with a counterclaim or cross-claim must respond within 30 days of service (Md. Rule 2-331(d) extends this to 15 days after the court rules if a motion to strike is filed).
• Amendment. Counterclaims and cross-claims may be added or amended under Md. Rule 2-341.

SOURCES AND REFERENCES

• Maryland Rules, Title 2 — Civil Procedure — Circuit Court: https://www.courts.state.md.us/rules
• Md. Rule 2-331 — Counterclaim and Cross-Claim (text current through March 1, 2026)
• Md. Rule 2-321 — Time for Filing Answer
• Md. Rule 2-323 — Answers
• Md. Rule 2-325 — Jury Trial
• Md. Rule 2-341 — Amendment of Pleadings
• Md. Rule 1-321 — Service of Pleadings and Papers Other Than Original Pleadings
• Md. Rule 2-121 — Process — Service in Personam
• Md. Code, Cts. & Jud. Proc. § 6-201 et seq. — Venue
• Md. Code, Cts. & Jud. Proc. § 3-1401 et seq. — Uniform Contribution Among Joint Tort-Feasors Act
• Rowland v. Harrison, 320 Md. 223 (1990) — Maryland counterclaims are permissive, not mandatory
• Summers v. Beltway Builders, Inc., No. 1014, Sept. Term 2021 (Md. App. Feb. 7, 2023) (unreported) — Rule 2-331(d) timing and permissive nature
• MDEC Electronic Filing: https://mdcourts.gov/mdec

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