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Rule 9 Defendant's Counterclaim

(a) Definition. A counterclaim asserts that the plaintiff owes something to the defendant. The defendant may file a counterclaim against the plaintiff that is based on the same event described in the plaintiff's complaint or based on a different event.

(b) Filing a Counterclaim. A counterclaim must be filed within 20 days of service of the summons, complaint, and notice. The amount of the counterclaim must be $5,000 or less. If the counterclaim exceeds the jurisdictional limit the court must transfer the case to the civil division of the justice court. A counterclaim that is more than $10,000 will result in a transfer of the case to the superior court.

(c) No Amendments. Amended counterclaims are not allowed.

Amendment history: Added Aug. 27, 2019, effective Jan. 1, 2020. Amended on an emergency basis Aug. 28, 2025, effective Sept. 26, 2025, permanently adopted effective Nov. 26, 2025.