Rule 3 Objections to Service and Venue

If you want to argue that a court has no power over you, that you weren't properly served with legal papers, or that you were sued in the wrong location, you need to be careful about how you respond to the lawsuit. This rule explains when you can lose the right to make those arguments.

If you ask the court for something in your own favor through a permissive counterclaim, a crossclaim, or a third-party claim, you give up your right to object to the court's jurisdiction, the service of papers, or the location of the case. By asking the court to give you relief on these types of claims, you are treated as accepting that the court has authority over you.

There's an important exception, though. If you file a compulsory counterclaim (one that you're required to bring because it relates directly to the original lawsuit against you), you do not lose your right to object. You can still argue that the court lacks jurisdiction, that you weren't served correctly, or that the case is in the wrong venue, even while defending yourself with a compulsory counterclaim.

In short, the type of counterclaim you file matters. A voluntary claim for relief can cost you your objections, but a required response to the original lawsuit will not.