Counterclaim – what is its purpose and in what cases can it be filed?

A counterclaim is Claim It is unique because it does not open or initiate legal proceedings but is filed during the course of an existing lawsuit. The purpose of a counterclaim is to conduct two lawsuits, which usually deal with the same issues, within the framework of the same legal proceedings and before the same judge. It can be said that one of the main purposes of a counterclaim is to save time and resolve the dispute between the parties as quickly as possible.

סוגיית הגשת כתב תובענה שכנגד מוסדרת בתקנה 21 לתקנות סדר הדין האזרחי, תשע"ט – 2018, אשר קובעת כך:

21. (a) A defendant may file a counterclaim upon filing the statement of defense; a counterclaimant who has filed a counterclaim against a person who is not a party to the original claim shall produce to him all the pleadings filed up to that stage.

(b) A counterclaim is treated as a statement of claim for all intents and purposes and is not dependent on the continued existence of the main claim; the regulations regarding the filing of a statement of claim, Defense and a reply as stated in point A in Chapter 3 shall apply, with the necessary modifications, to a counterclaim and a counter-defendant and Reply letter Opposite.

(c) The court shall order the timing of the hearing of the counterclaim and the procedure for its conduct.

Who can file a counterclaim?

A counterclaim will always be filed by the defendant in the main claim (the original claim that initiated the proceedings in which a counterclaim is filed). The date of filing a counterclaim will be the date of filing the defense.

Within the framework of a counterclaim, the defendant (the counterclaimant) may include additional defendants. That is, it is possible to sue not only the person who filed the main claim.

A counterclaim is independent of the main claim and can continue to exist even if the main claim is dismissed or struck out.

Why file a counterclaim and not a separate lawsuit?

One of the advantages of filing a counterclaim is the pressure it puts on the plaintiff. In other words, the plaintiff is now not only a plaintiff who can win financial compensation, but, in the same proceeding, he is also a defendant who can also pay the counterclaimant financial compensation. In many cases, this pressure helps the defendant in the main proceeding reach a compromise in which each party waives its claim and no one pays the other any compensation.

Another advantage of filing a counterclaim is the significant time savings. As you probably know, a lawsuit can last quite a while (sometimes many years). Instead of the defendant waiting for a decision in the lawsuit being filed against him, he can, within the same proceeding (in his role as a counterclaimant), raise his claims against the plaintiff in the main proceeding. Since the counterclaimant can also sue other people in his lawsuit, and not just the plaintiff in the main proceeding, he can save himself a lot of waiting time and receive a decision on his claims.

In what procedures can a counterclaim be filed?

לא בכל הליך משפטי ניתן להגיש כתב תובענה שכנגד אלא רק באותם מקרים בהם יש הוראת דין המאפשרת זאת (לדוגמה: במסגרת תביעה לפינוי מושכר לא ניתן להגיש תובענה שכנגד). תקנות סדר הדין האזרחי, תשע"ט – 2018, מאפשרות הגשת כתב תובענה שכנגד בתביעות בסדר דין רגיל ומהיר. יחד עם זאת, חשוב לדעת שאפשר להגיש כתב תובענה שכנגד גם במסגרת תביעה קטנה. התנאים והעלויות מפורטים באתר הרשות השופטת.

For your convenience, this is Small Claims Counterclaim Form also Additional relevant instructions.

התקנה שמסדירה הגשת תובענה שכנגד במסגרת תביעה בסדר מהיר היא תקנה 80(ח) לתקנות סדר הדין האזרחי, תשע"ט – 2018, אשר קובעת כך:

A defendant in a fast-track hearing may file a counterclaim with the defense against the parties in the original lawsuit if one of the following applies:

(1) It constitutes a claim in the fast-track hearing;

(2) The subject matter and the subject matter of the original claim are one and the same or arise from the same circumstances, whatever the amount of the counterclaim or the value of its subject matter, may be.

Supreme Court ruling on counterclaim

בית המשפט העליון התייחס לסוגיה זו בפסקי דין רבים מאוד, לדוגמה ברע"א 4962/19 לוקי בניה ופיתוח בע"מ נ' דורי דנקנר (החלטה מיום 19.11.2019)

As stated, the Courts Law expressly excludes the counterclaim from the normal rules of subject matter jurisdiction set forth therein (see ibid., sections 40(1) SIPA and 51(a)(4)). I believe that this arrangement, which applies to the counterclaim procedure, can also be applied to the procedure of theThird party notification Which is our case. And check: The counterclaim – although filed in response to the main claim and investigated within its framework (Rule 53(a) of the Regulations) – can also be investigated separately from it, include new defendants who were not parties to the main claim, and even stand alone even after the main claim is struck out or dismissed (see: Rule 53(b), Rule 54 and Rule 57 of the Regulations).

Therefore, unlike a notice to a third party – which, as stated, is involved in the main claim and is ancillary to it – the counterclaim is not a claim conditional on the main claim. Nevertheless, the legislator found it appropriate to determine that a counterclaim will be heard jointly with the main claim – whatever its value, in order to maintain procedural efficiency and avoid splitting the hearing of the dispute.…

In conclusion

A counterclaim is a claim filed by the defendant together with the statement of defense (on the same date). The purpose of such a claim is to examine and decide in a single proceeding all of the plaintiff's and defendant's claims against each other (thus effectively saving a great deal of time in conducting separate proceedings).

In most cases, such a claim is filed in order to put pressure on the plaintiff to agree to a compromise. Such a claim is not dependent on the main claim (the one filed earlier by the plaintiff). That is, it is possible that the main claim will be dismissed and the counterclaim will continue to be heard.

Filing a counterclaim involves paying a court fee, just as any plaintiff pays when filing a lawsuit. Filing a lawsuit on his behalf. After filing this statement of claim, the counter-defendant has the same period of time to file a statement of defense on his behalf (if it is a In a lawsuit in a regular court proceeding, this is a period of 60 days.).

It is not always advisable to file a counterclaim. You should examine with Claims lawyer Experienced in determining the most appropriate legal strategy for each case. For example: If all of the damages of the opposing plaintiff have not yet been determined, it is worth considering waiting before filing a lawsuit on his behalf in the same proceeding.

Frequently Asked Questions Regarding a Counterclaim