First Adopted: February 11, 1987
Most Recently Effective: January 01, 1988
Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims
143.02 | Counterclaim - Same Transaction - Discovered During Trial - Procedure
143.02. Counterclaim - Same Transaction - Discovered During Trial - ProcedureIf the judge, during the course of a trial, determines that a defendant has a counterclaim arising out of the same transaction or occurrence as the plaintiff's claim, the judge shall inform the defendant and plaintiff of the nature of the counterclaim. If the defendant does not desire the court to hear the counterclaim, the judge shall proceed to hear only the plaintiff's claim. If the defendant desires the court to hear the counterclaim, the judge shall advise the plaintiff of the nature of the counterclaim and plaintiff shall have the option to proceed with the trial or have the case continued.
(Added Feb. 11, 1987, eff. Jan. 1, 1988.)