Home Table of Contents

Rule 117. Counterclaims and Cross-Claims

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part V: Responding to a Lawsuit
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 117
Rule 117. Counterclaims and Cross-Claims
a. Required counterclaim. A defendant must file a counterclaim for any claim that the defendant has against the plaintiff, if the defendant's claim arises out of same transaction, occurrence, or event that is described in the plaintiff's complaint. [ARCP 13(a)]
b. Permitted counterclaim. A defendant may file a counterclaim for any claim that the defendant has against the plaintiff but that does not arise out of the transaction, occurrence, or event that is described in the plaintiff's complaint. [ARCP 13(b)]
c. Filing a counterclaim with the answer; failure to file a counterclaim. A defendant must file a counterclaim at the time the defendant files an answer under Rule 116. If a defendant fails to file a counterclaim with an answer, the defendant may file a motion under Rule 119(a) requesting that the court allow the defendant to file an amended answer with a counterclaim. [ARCP 13(f)]
d. Cross-claim. In a case where there are two or more defendants, a defendant may state as a cross-claim any claim that the defendant has against another defendant arising out of the same transaction, occurrence, or event that is described in the plaintiff's complaint. The cross-claim must be stated at the time the defendant files an answer or other response to the complaint, unless the court allows an amendment under Rule 119(a). [ARCP 13(g)]
e. Filing a response to a counterclaim or a cross-claim. A party who is served with a counterclaim or a cross-claim must file a written response with the court pursuant to the provisions of Rule 116 and within the time provided in Rule 114(b). [ARCP 12(a)]
f. Counterclaim or cross-claim exceeding the jurisdiction of the justice court. If a claim filed pursuant to this rule exceeds the jurisdiction of the justice court, the lawsuit must be transferred as provided by law. [ARCP 13(c). See also A.R.S. ยง 22-201(G)]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 117, AZ ST J CT RCP Rule 117
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document