Rule 143.04 Counterclaim - Not Out of Same Transaction - When Tried

If you're being sued in small claims court and you want to file your own claim back against the person suing you (a counterclaim), timing matters when your claim is unrelated to theirs. If you file this kind of counterclaim less than ten days before the hearing date, the court will usually push back the hearing to a later date. This gives the other person at least ten full days to review your counterclaim before having to go to court on it.

The only exception is if the plaintiff (the person who originally filed the case) agrees to go ahead with the hearing as scheduled. If they're okay with the original date, the case can move forward without being delayed.

This rule exists to make sure both sides have enough time to prepare, especially when a new and unrelated claim gets added late in the process. It protects people from being caught off guard by a claim they haven't had time to look into or respond to.