Nevada State Court Counterclaim and Cross-Complaint

NEVADA STATE COURT COUNTERCLAIM AND CROSS-CLAIM

1. CAPTION

IN THE [________] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF [________________]

Case No.: [____________]

Dept. No.: [____________]

DEFENDANT'S ANSWER, COUNTERCLAIM AGAINST PLAINTIFF, AND CROSS-CLAIM AGAINST CO-DEFENDANT

2. INTRODUCTION

Defendant [DEFENDANT NAME] ("Defendant" or "Counterclaimant"), by and through undersigned counsel, having answered Plaintiff's Complaint, hereby asserts the following Counterclaim against Plaintiff pursuant to Nev. R. Civ. P. 13(a)–(b) and the following Cross-Claim against Co-Defendant [CO-DEFENDANT NAME] pursuant to Nev. R. Civ. P. 13(g), and alleges as follows.

3. PARTIES; COMPULSORY VS. PERMISSIVE CLASSIFICATION

3.1. Counterclaimant [DEFENDANT NAME] is, and at all relevant times was, a [individual / corporation / limited-liability company] [residing in / organized under the laws of] [County, State], doing business in [County], Nevada.

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

3.3. Cross-Defendant [CO-DEFENDANT NAME] is a co-party named as a Defendant in this action and is, and at all relevant times was, a [individual / corporation / limited-liability company] [residing in / organized under the laws of] [County, State].

3.4. Compulsory counterclaim. Under Nev. R. Civ. P. 13(a)(1), a pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and (B) does not require adding another party over whom the court cannot acquire jurisdiction. Rule 13(a)(2) excepts a claim already pending in another action when this action commenced, and a claim brought by attachment or other process that did not establish personal jurisdiction over the pleader, if the pleader asserts no counterclaim under Rule 13. Determine whether either exception applies before treating an omitted claim as barred.

☐ The counterclaim(s) below are COMPULSORY under NRCP 13(a) because they arise out of the same transaction or occurrence as Plaintiff's claims.

☐ The counterclaim(s) below are PERMISSIVE under NRCP 13(b) because they do not arise out of the same transaction or occurrence as Plaintiff's claims. Under NRCP 13(b), a pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

3.5. Relief not limited. Under Nev. 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. Cross-claim. Under Nev. R. Civ. P. 13(g), a pleading may state as a cross-claim 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; a cross-claim may include a claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

3.7. Joinder. To the extent any additional party must be joined, Nev. R. Civ. P. 13(h) incorporates Nev. R. Civ. P. 19 and 20.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over the Counterclaim and Cross-Claim because the amount in controversy exceeds $[________] and the claims arise under Nevada law. The district court is a court of general jurisdiction under Nev. Const. art. 6, § 6.

4.2. This Court has personal jurisdiction over Counterclaim-Defendant [PLAINTIFF NAME], who invoked the jurisdiction of this Court by filing the Complaint, and over Cross-Defendant [CO-DEFENDANT NAME], who [is a resident of Nevada / transacts business in Nevada / has otherwise submitted to this Court's jurisdiction].

4.3. Venue is proper in this County because [the acts or omissions giving rise to the claims occurred here / a party resides or does business here / the contract was entered or to be performed here] under NRS 13.010 et seq.

5. GENERAL FACTUAL ALLEGATIONS

5.1. On or about [__/__/____], [describe the transaction, agreement, or occurrence giving rise to the claims].

5.2. [State the second material fact — e.g., the obligations of each party.]

5.3. [State the third material fact — e.g., Counterclaimant's performance.]

5.4. [State the fourth material fact — e.g., the conduct of Plaintiff constituting breach or wrong.]

5.5. [State the fifth material fact — e.g., the conduct of the Co-Defendant relevant to the cross-claim.]

5.6. As a direct and proximate result of the conduct described above, Counterclaimant has been damaged in an amount to be proven at trial, but in excess of $[________].

6. FIRST COUNTERCLAIM — Breach of Contract (Against Plaintiff)

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

6.2. Counterclaimant and Counterclaim-Defendant entered into a valid and enforceable contract, the [Contract Name] dated [__/__/____].

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. Counterclaim-Defendant materially breached the contract by [describe the breach].

6.5. As a direct and proximate result of the breach, Counterclaimant has suffered damages in an amount to be proven at trial, but in excess of $[________], together with interest, costs, and attorney's fees as permitted by contract or statute.

7. SECOND COUNTERCLAIM — Unjust Enrichment (Against Plaintiff)

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

7.2. Counterclaimant conferred a benefit on Counterclaim-Defendant, namely [describe the benefit — money, goods, services].

7.3. Counterclaim-Defendant appreciated, accepted, and retained that benefit.

7.4. Under the circumstances, it would be inequitable for Counterclaim-Defendant to retain the benefit without paying its reasonable value.

7.5. Counterclaimant is entitled to restitution in the amount of $[________], plus interest as allowed by law.

8. THIRD COUNTERCLAIM — [Other Claim] (Against Plaintiff)

8.1. Counterclaimant realleges and incorporates the preceding paragraphs as though fully set forth herein.

8.2. [Element one of the claim, with supporting facts.]

8.3. [Element two of the claim, with supporting facts.]

8.4. [Element three of the claim, with supporting facts.]

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

9. CROSS-CLAIM — Indemnity and Contribution (Against Co-Defendant)

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

9.2. This Cross-Claim is asserted against Cross-Defendant [CO-DEFENDANT NAME] pursuant to Nev. R. Civ. P. 13(g) because it arises out of the same transaction or occurrence that is the subject matter of the original action and/or of the Counterclaim.

9.3. Indemnity. If Cross-Claimant is found liable to Plaintiff on any claim in the Complaint, such liability arises solely or primarily from the acts or omissions of Cross-Defendant, and Cross-Claimant is entitled to full or partial indemnity from Cross-Defendant, whether by contract or under the common law.

9.4. Contribution. In the alternative, if Cross-Claimant and Cross-Defendant are liable in tort for the same injury, and Cross-Claimant pays more than its equitable share of the common liability, Cross-Claimant seeks contribution for the excess paid, subject to NRS 17.225(1)-(2) and the Act's other limits.

9.5. Same transaction. [State any direct cross-claim Cross-Claimant has against Cross-Defendant arising from the same transaction — e.g., breach of a related agreement, property damage.]

9.6. As a result, Cross-Claimant is entitled to judgment over against Cross-Defendant for all or part of any sum that may be adjudged against Cross-Claimant, together with costs and fees.

10. PRAYER FOR RELIEF

WHEREFORE, Counterclaimant / Cross-Claimant respectfully prays for judgment as follows:

On the Counterclaim against Plaintiff:

A. For compensatory damages in an amount to be proven at trial, but in excess of $[________];

B. For restitution of the reasonable value of benefits conferred;

C. For pre-judgment and post-judgment interest at the maximum lawful rate under NRS 17.130 and NRS 99.040;

D. For costs of suit and reasonable attorney's fees as permitted by contract, statute, or rule;

On the Cross-Claim against Co-Defendant:

E. For full or partial indemnity for any sums adjudged against Cross-Claimant in favor of Plaintiff;

F. For contribution under NRS 17.225 to the extent Cross-Claimant pays more than its equitable share of the common liability;

G. For such direct damages as Cross-Claimant may prove against Cross-Defendant;

On all claims:

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

11. DEMAND FOR JURY TRIAL

Pursuant to Nev. R. Civ. P. 38, Counterclaimant / Cross-Claimant demands a trial by jury on all issues so triable.

☐ Yes — a jury trial is demanded.

☐ No — no jury trial is demanded.

12. VERIFICATION

STATE OF NEVADA )

COUNTY OF [____________] )

I, [NAME], being first duly sworn, depose and state: I am the [Defendant / officer / title] in the above-entitled action. I have read the foregoing Counterclaim and Cross-Claim and know the contents thereof. The same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

[________________________________]

[NAME]

Signed and sworn to (or affirmed) before me on [DATE] by [NAME].

[________________________________]

Notary Public

13. SIGNATURE BLOCK (NRCP 11)

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

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Nev. Bar No. [________]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [____________]

Email: [____________]

Attorney for Defendant / Counterclaimant / Cross-Claimant [DEFENDANT NAME]

14. PERSONAL-INFORMATION AFFIRMATION (NRS 239B.030(6))

The undersigned affirms that this document contains no personal information as defined in NRS 239B.030(9)(b). [If inclusion is legally required, identify the specific law, public program, or grant requiring it and follow the court's filing instructions.]

Signature: [________________________________] Date: [__/__/____]

15. CERTIFICATE OF SERVICE

Pursuant to Nev. R. Civ. P. 5(b), I certify that on [__/__/____] I served a true and correct copy of the foregoing DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM on all parties of record by the method(s) indicated below:

☐ Electronic service through the Court's electronic filing system, which served all registered parties;

☐ U.S. Mail, postage prepaid, addressed to counsel of record at the address below;

☐ Hand delivery;

☐ Other method permitted under NRCP 5(b): [____________].

Served upon:

[NAME AND ADDRESS OF COUNSEL FOR PLAINTIFF]

[NAME AND ADDRESS OF COUNSEL FOR CO-DEFENDANT]

[________________________________]

Signature of person making service

15. NEVADA PRACTICE NOTES

• Filed with the Answer. A counterclaim and cross-claim are asserted in the responsive pleading. The Answer (and any counterclaim) must be served within 21 days after service of the summons and complaint under NRCP 12(a)(1)(A)(i). A timely NRCP 12 motion alters this period.
• Compulsory vs. permissive. NRCP 13(a)(1) requires qualifying transactionally related counterclaims, subject to the pending-action and attachment or other process exceptions in NRCP 13(a)(2). Assess those exceptions before concluding that an omitted claim cannot be brought later. NRCP 13(b) permits other counterclaims.
• Reply / answer to counterclaim and cross-claim. A party must serve a response to a counterclaim or cross-claim within 21 days after being served with the pleading stating it (NRCP 12(a)(1)(B)).
• Trial court. The proper trial court is the Judicial District Court (e.g., the Eighth Judicial District Court in Clark County, the Second Judicial District Court in Washoe County).
• Joinder. Additional parties may be joined to a counterclaim or cross-claim under NRCP 13(h), which incorporates NRCP 19 and 20.
• Contribution. Contribution among joint tortfeasors is governed by the Uniform Contribution Among Tortfeasors Act, NRS 17.225–17.305.
• Recoupment/setoff. Even a time-barred claim may sometimes be asserted defensively by way of recoupment; consult counsel before relying on this.

16. SOURCES AND REFERENCES

• Nevada Rules of Civil Procedure — https://www.leg.state.nv.us/courtrules/nrcp.html
• Nev. R. Civ. P. 13 (Counterclaim and Crossclaim) — subsections (a) compulsory, (b) permissive, (c) relief, (g) crossclaim, (h) joining additional parties
• Nev. R. Civ. P. 12(a)(1)(A)(i) (21-day answer deadline); 12(a)(1)(B) (response to counterclaim/crossclaim)
• Nev. R. Civ. P. 5(b) (service); Nev. R. Civ. P. 8 (pleading); Nev. R. Civ. P. 11 (signing); Nev. R. Civ. P. 38 (jury demand)
• Nev. R. Civ. P. 19 and 20 (joinder of parties)
• NRS 17.225 et seq. (Uniform Contribution Among Tortfeasors Act)
• NRS 13.010 et seq. (Venue); NRS 17.130, NRS 99.040 (interest)
• Nev. Const. art. 6, § 6 (district court jurisdiction)

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