Maine State Court Counterclaim and Cross-Claim

MAINE STATE COURT COUNTERCLAIM AND CROSS-CLAIM

1. CAPTION

STATE OF MAINE

[COUNTY NAME], ss.

[SUPERIOR COURT / DISTRICT COURT], [LOCATION] DIVISION

Docket No.: [________________________________]

DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM

2. INTRODUCTION

Defendant [DEFENDANT NAME] ("Defendant" or "Counterclaimant"), by and through undersigned counsel, files this pleading pursuant to the Maine Rules of Civil Procedure. In addition to Defendant's responses and defenses to Plaintiff's Complaint (set forth in the accompanying or incorporated Answer), Defendant asserts the following Counterclaim against Plaintiff under M.R. Civ. P. 13(a)-(b) and the following Cross-Claim against Co-Defendant [CO-DEFENDANT NAME] under M.R. Civ. P. 13(g).

3. PARTIES; COMPULSORY VS. PERMISSIVE CLASSIFICATION

3.1. Counterclaimant [DEFENDANT NAME] is [an individual residing in / a (corporation/LLC) organized under the laws of] [STATE], with [its principal place of business / a residence] in [COUNTY], Maine.

3.2. Counterclaim Defendant [PLAINTIFF NAME] is the Plaintiff in the principal action and is an opposing party within the meaning of M.R. Civ. P. 13.

3.3. Cross-Claim Defendant [CO-DEFENDANT NAME] is a co-party of Counterclaimant in the principal action.

3.4. Classification of Counterclaim (select one):

☐ Compulsory Counterclaim. This Counterclaim is compulsory under M.R. Civ. P. 13(a) because, at the time of serving this pleading, Counterclaimant has this claim against Plaintiff, it arises out of the transaction or occurrence that is the subject matter of Plaintiff's claim, and it does not require for its adjudication the presence of third parties over whom the Court cannot acquire jurisdiction.

☐ Permissive Counterclaim. This Counterclaim is permissive under M.R. Civ. P. 13(b) because it is a claim against Plaintiff that is within the subject-matter jurisdiction of the Court. A counterclaim may claim relief exceeding in amount or different in kind from that sought by Plaintiff. See M.R. Civ. P. 13(c).

3.5. Classification of Cross-Claim. This Cross-Claim is asserted under M.R. Civ. P. 13(g) because it is within the subject-matter jurisdiction of the Court and arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim therein, or relates to property that is the subject matter of the original action. It may include a claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted against the cross-claimant.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over this Counterclaim and Cross-Claim. [The Superior Court is the court of general civil jurisdiction / The District Court has concurrent civil jurisdiction.] If a compulsory counterclaim filed in the District Court is not within that court's subject-matter jurisdiction, the pleader must file and serve notice of removal and pay the removal fee under Rule 54A, and the action shall be removed to the Superior Court. See M.R. Civ. P. 13(a)(2).

4.2. This Court has personal jurisdiction over Plaintiff, who invoked the jurisdiction of this Court by filing the principal action, and over Co-Defendant, who is a party to this action.

4.3. Venue is proper in [COUNTY] County because [the principal action is properly pending here / venue lies here under 14 M.R.S. § 501 et seq.].

5. FACTUAL ALLEGATIONS

5.1. [________________________________]

5.2. On or about [__/__/____], [________________________________].

5.3. [________________________________]

5.4. [________________________________]

5.5. As a direct and proximate result of the conduct described above, Counterclaimant has been damaged in an amount to be proven at trial.

6. COUNTERCLAIM AGAINST PLAINTIFF

COUNT I — BREACH OF CONTRACT (Against Plaintiff)

6.1. Counterclaimant re-alleges and incorporates paragraphs 5.1 through 5.5 as if fully set forth herein.

6.2. Counterclaimant and Plaintiff entered into a valid and enforceable contract on or about [__/__/____], the material terms of which required Plaintiff to [describe obligation].

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

6.4. Plaintiff materially breached the contract by [describe breach].

6.5. As a direct and proximate result of Plaintiff's breach, Counterclaimant has suffered damages in an amount to be proven at trial, plus prejudgment and post-judgment interest as allowed by law (see 14 M.R.S. §§ 1602-B, 1602-C).

COUNT II — UNJUST ENRICHMENT (Against Plaintiff, Pleaded in the Alternative)

6.6. Counterclaimant re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

6.7. Counterclaimant conferred a benefit upon Plaintiff, namely [describe benefit].

6.8. Plaintiff had appreciation or knowledge of the benefit and accepted or retained it under circumstances that make it inequitable for Plaintiff to retain the benefit without payment of its value.

6.9. Plaintiff has been unjustly enriched at Counterclaimant's expense in an amount to be proven at trial.

COUNT III — [OTHER CLAIM — e.g., FRAUD / CONVERSION / NEGLIGENCE] (Against Plaintiff)

6.10. Counterclaimant re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

6.11. [State each element of the claim and the facts supporting each element.] [________________________________]

6.12. As a direct and proximate result, Counterclaimant has suffered damages in an amount to be proven at trial.

7. CROSS-CLAIM AGAINST CO-DEFENDANT

COUNT IV — INDEMNIFICATION AND CONTRIBUTION (Against Co-Defendant [CO-DEFENDANT NAME])

7.1. Counterclaimant (the "Cross-Claimant") re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

7.2. This Cross-Claim arises out of the same transaction or occurrence that is the subject matter of the original action, as contemplated by M.R. Civ. P. 13(g).

7.3. 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 [CO-DEFENDANT NAME], who is or may be liable to Cross-Claimant for all or part of any judgment Plaintiff may obtain against Cross-Claimant.

7.4. Cross-Claimant is entitled to [contribution among joint tortfeasors and/or an apportionment of fault under 14 M.R.S. § 156] and/or [contractual or common-law indemnification] from Cross-Claim Defendant.

7.5. Comparative-negligence note. Under 14 M.R.S. § 156, equal or greater claimant fault bars recovery. If claimant fault is less, the jury states a just-and-equitable reduction in dollars and cents rather than mechanically applying a fault percentage.

COUNT V — [OTHER CROSS-CLAIM] (Against Co-Defendant)

7.6. Cross-Claimant re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

7.7. [________________________________]

8. PRAYER FOR RELIEF

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

A. On the Counterclaim, judgment against Plaintiff for compensatory damages in an amount to be proven at trial;

B. On the Cross-Claim, judgment against Co-Defendant [CO-DEFENDANT NAME] for indemnification and/or contribution, and apportionment of fault under 14 M.R.S. § 156;

C. Prejudgment and post-judgment interest as allowed by law;

D. Costs of this action and, where authorized by contract or statute, reasonable attorney fees;

E. Such other and further relief as the Court deems just and proper.

9. DEMAND FOR JURY TRIAL

Pursuant to M.R. Civ. P. 38 and Article I, § 20 of the Maine Constitution, 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; trial to the Court.

10. VERIFICATION (IF REQUIRED)

STATE OF MAINE

COUNTY OF [________________________________], ss.

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

[________________________________]
[NAME]

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

[________________________________]
Notary Public / Attorney-at-Law
My commission expires: [__/__/____]

11. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], Maine Bar No. [#####]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [NUMBER]
Email: [EMAIL]
Counsel for Defendant / Counterclaimant / Cross-Claimant

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Answer, Counterclaim, and Cross-Claim was served upon all counsel and parties of record in accordance with M.R. Civ. P. 5 by the method(s) indicated below:

☐ eFileMaine (electronic filing and service)
☐ United States Mail, first-class, postage prepaid
☐ Hand delivery
☐ Electronic mail (as authorized by M.R. Civ. P. 5(b))
☐ Other: [________________________________]

Served upon:

Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Email: [________________________________]

[________________________________]
[ATTORNEY NAME]

13. MAINE PRACTICE NOTES

• Governing rule. Counterclaims and cross-claims are governed by M.R. Civ. P. 13, which is modeled on Fed. R. Civ. P. 13. Rule 13(a) governs compulsory counterclaims; 13(b) permissive counterclaims; 13(c) counterclaims exceeding the opposing claim; 13(e) counterclaims maturing or acquired after pleading; 13(f) omitted counterclaims; 13(g) cross-claims against a co-party; and 13(h) joinder of additional parties.
• Motor-vehicle exception. Under Rule 13(a), a counterclaim is NOT compulsory where the relief demanded in the opposing party's claim is for damage arising out of the ownership, maintenance, or control of a motor vehicle by the pleader. Otherwise, a compulsory counterclaim not asserted is generally barred.
• Trial court. The Superior Court is Maine's court of general civil jurisdiction and the only trial court providing a civil jury trial of right (Rule 38); the District Court has concurrent civil jurisdiction but is non-jury. If a compulsory counterclaim filed in the District Court exceeds that court's subject-matter jurisdiction, the pleader must file a notice of removal and the action is removed to the Superior Court (Rule 13(a)(2)).
• Deadline. An answer is generally due within 20 days after service under M.R. Civ. P. 12(a) (50 days if served outside the Continental U.S. or Canada). A reply to a counterclaim is generally due within 20 days.
• Additional parties. Persons not already parties may be made parties to a counterclaim or cross-claim under Rule 13(h), in accordance with Rules 19 and 20.
• Comparative negligence. Under 14 M.R.S. § 156, a claimant found by the jury to be equally at fault may not recover; otherwise the jury reduces damages as just and equitable in light of the claimant's responsibility. The statute refers to fault of an "other person or persons," so a singular-defendant comparison is unsafe in a multiparty case.
• Jury demand. Under Rule 38, a jury demand must be served not later than 10 days after the service of the last pleading directed to the issue, or the right is waived.

14. SOURCES AND REFERENCES

• Me. R. Civ. P. 13 (Counterclaim and Cross-Claim) — https://www.courts.maine.gov/rules/text/MRCivPPlus/RULE%2013.pdf
• Me. R. Civ. P. 12 (Defenses and objections; time to respond)
• Me. R. Civ. P. 8 (General rules of pleading)
• Me. R. Civ. P. 5 (Service and filing of pleadings)
• Me. R. Civ. P. 38 (Jury trial of right in the Superior Court)
• Me. R. Civ. P. 19, 20 (Joinder of parties)
• 14 M.R.S. § 156 (Comparative negligence)
• 14 M.R.S. §§ 1602-B, 1602-C (Pre- and post-judgment interest)
• Maine Judicial Branch — https://www.courts.maine.gov/

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