Supreme Court Rules

First Adopted: February 11, 1987

Most Recently Effective: January 01, 1988

Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims

143.01 | Counterclaim - Same Transaction - When Asserted and Heard

143.01. Counterclaim - Same Transaction - When Asserted and Heard

At any time prior to the commencement of the hearing, the defendant may assert a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim by filing with the clerk of the small claims division such counterclaim in substantially the form approved in Rule 152. A copy of the counterclaim shall be mailed or delivered to the plaintiff. If the counterclaim is filed less than ten days prior to the date set for hearing, the court shall continue both the claim and counterclaim to a day certain not less than ten days from the date of furnishing the counterclaim to plaintiff unless the plaintiff consents to hearing on the day set.

(Added Feb. 11, 1987, eff. Jan. 1, 1988.)
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