Home Table of Contents

RULE 3-331. COUNTERCLAIM AND CROSS-CLAIM

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 3. Civil Procedure--District Court
Chapter 300. Pleadings and Motions
MD Rules, Rule 3-331
RULE 3-331. COUNTERCLAIM AND CROSS-CLAIM
(a) Counterclaim Against Opposing Party. A party may assert as a counterclaim 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. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
(b) Cross-Claim Against Co-Party. A party may assert as a cross-claim any claim that party has against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. The cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
(c) Joinder of Additional Parties. A person not a party to the action may be made a party to a counterclaim or cross-claim and shall be served as a defendant in an original action. When served with process, the person being added shall also be served with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action.
(d) Time for Filing. A party may file a counterclaim or cross-claim within ten days after the time for filing a notice of intention to defend, and thereafter only with leave of court for good cause shown.
(e) Time of Trial. Unless otherwise ordered for good cause shown, the complaint and the counterclaim or cross-claim shall be tried at the time assigned for the trial of the complaint.
(f) Exceeding Jurisdiction of Court. A party may not file a counterclaim or cross-claim that exceeds the monetary jurisdiction of the court, but the court, on motion of a party having such a claim and for good cause shown, may grant a stay of the action against that party for a period and on the terms it deems proper to permit the party to commence an action in the circuit court on that claim.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 314 a.
Section (b) is derived from former M.D.R. 314 b.
Section (c) is derived from former Rule 314 c and d 3.
Section (d) is derived from former M.D.R. 314 c.
Section (e) is derived from former M.D.R. 314 g.
Section (f) is derived from former M.D.R. 314 h.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended June 21, 1995, eff. Sept. 1, 1995; June 7, 2011, eff. July 1, 2011.]

Editors' Notes

HISTORICAL NOTES
2011 Orders
The June 7, 2011 order deleted "previously" from the first sentence of section (c).
MD Rules, Rule 3-331, MD R RCP DIST CT Rule 3-331
Current with amendments received through April 1, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.