A counterclaim example is easiest to understand as a short, self-contained pleading built from five parts: a caption, a jurisdictional statement, numbered factual allegations, one or more counts stating a legal theory, and a prayer for relief. The defendant files it inside the plaintiff’s lawsuit, usually as part of the answer, and the court then decides both sides’ claims together. Below is an annotated sample in a construction dispute, followed by the drafting choices that make a counterclaim survive a motion to dismiss.
The Five Parts of a Counterclaim
Federal Rule of Civil Procedure 8 requires any claim for relief, including a counterclaim, to contain a short and plain statement of the court’s jurisdiction, a short and plain statement of the claim showing the pleader is entitled to relief, and a demand for the relief sought.1Cornell Law School. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading Rule 10 adds the formatting: a caption naming the court, the parties, the file number, and the type of pleading, with factual allegations broken into numbered paragraphs, each limited so far as practicable to a single set of circumstances, and separate counts for claims arising from separate transactions.2Cornell Law School. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings
In practice, that produces the same five sections in almost every counterclaim you’ll see:
- The caption, which usually relabels the parties as Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff.
- The jurisdictional statement, explaining why this court can hear the claim.
- Numbered factual allegations telling the story of what happened.
- One or more counts, each naming a legal theory and tying it to the numbered facts.
- A prayer for relief specifying what the defendant wants the court to order.
Annotated Counterclaim Example
Assume a property owner, Anna Smith, sues a general contractor, Robert Jones, in federal court for delays on a commercial renovation. Jones believes Smith caused the delays herself by supplying defective structural steel. His counterclaim, filed as part of his answer, might read as follows.
Caption. The caption identifies the court, the case number, and both parties in their dual roles.
UNITED STATES DISTRICT COURT
DISTRICT OF [STATE]
ANNA SMITH,
Plaintiff/Counter-Defendant,
v. Case No. 26-cv-01234
ROBERT JONES,
Defendant/Counter-Plaintiff.
DEFENDANT’S ANSWER AND COUNTERCLAIM
Jurisdictional statement. Because this counterclaim arises from the same construction contract Smith is already suing over, the court has supplemental jurisdiction under 28 U.S.C. § 1367 and no independent federal question or diversity showing is needed.3Office of the Law Revision Counsel. 28 USC 1367 – Supplemental Jurisdiction
1. This Court has subject matter jurisdiction over this Counterclaim under 28 U.S.C. § 1367 because the claims arise out of the same transaction or occurrence as Plaintiff’s Complaint.
2. Venue is proper in this District under 28 U.S.C. § 1391 because the events giving rise to this dispute occurred in this District.
Factual allegations. Each paragraph is numbered and covers one factual point. The order is chronological, and the specificity (dates, addresses, dollar amounts) is enough that the reader can follow the who, what, when, and where without guessing.
3. On March 1, 2025, Plaintiff and Defendant entered into a written construction contract for the renovation of Plaintiff’s commercial property at 400 Main Street.
4. Under the contract, Plaintiff agreed to supply all building materials, and Defendant agreed to provide labor and project management.
5. Between April and June 2025, Plaintiff delivered structural steel beams to the project site that did not meet the specifications set forth in the contract.
6. On June 15, 2025, an independent inspector determined the beams were substandard and could not be safely installed.
7. As a direct result, Defendant was forced to halt construction for six weeks while replacement materials were procured, incurring $38,000 in idle labor costs and $12,000 in equipment rental fees.
Cause of action. Each legal theory becomes its own count. Instead of restating the facts, the count incorporates the earlier numbered paragraphs and adds the elements of the theory and the resulting damages.
COUNT I — BREACH OF CONTRACT
8. Defendant re-alleges and incorporates paragraphs 3 through 7 above.
9. By supplying materials that failed to meet contract specifications, Plaintiff breached the construction contract.
10. As a direct and proximate result of Plaintiff’s breach, Defendant suffered damages of no less than $50,000.
Prayer for relief. The final section states exactly what the defendant wants the court to order. A specific dollar figure, fees and costs, and a catch-all for other appropriate relief are standard. Alternative forms of relief can be requested in the same pleading.1Cornell Law School. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading
WHEREFORE, Defendant/Counter-Plaintiff Robert Jones respectfully requests that this Court:
(a) Enter judgment in favor of Defendant on this Counterclaim;
(b) Award compensatory damages in an amount of no less than $50,000;
(c) Award Defendant’s costs and attorneys’ fees incurred in prosecuting this Counterclaim; and
(d) Grant such other and further relief as the Court deems just and proper.
Real counterclaims are often longer. A construction dispute like the one above might add counts for breach of warranty or negligent misrepresentation, attach the contract as an exhibit, and include additional factual paragraphs about communications between the parties. The skeleton stays the same in every case.
Is the Counterclaim Compulsory or Permissive
Before drafting, figure out which kind of counterclaim you have, because it changes the jurisdictional statement and the consequences of leaving the claim out.
A compulsory counterclaim arises out of the same transaction or occurrence as the plaintiff’s complaint. If you have one and you don’t raise it in your answer, you lose it. Courts treat the failure to plead a compulsory counterclaim as a waiver, and you cannot bring the claim in a later lawsuit. Narrow exceptions apply when the claim was already the subject of another pending suit when the current action began, or when the plaintiff used a process like attachment that didn’t establish personal jurisdiction over you.4Cornell Law School. Federal Rules of Civil Procedure Rule 13 – Counterclaim and Crossclaim
A permissive counterclaim is any claim against the plaintiff that doesn’t grow out of the same transaction or occurrence. You can raise it now for efficiency or save it for a separate suit. No waiver penalty applies. But because a permissive counterclaim doesn’t share the same core dispute, it doesn’t ride on supplemental jurisdiction. You must plead an independent basis, such as diversity of citizenship or a federal question, or file the claim in a court that has jurisdiction over it.4Cornell Law School. Federal Rules of Civil Procedure Rule 13 – Counterclaim and Crossclaim
The Jones sample above works because the alleged breach by Smith is part of the same construction contract she is suing over. Change the facts so Jones’s claim is over an unrelated business deal, and the jurisdictional paragraph has to do independent work.
Don’t Confuse a Counterclaim with an Affirmative Defense
An affirmative defense defeats or reduces the plaintiff’s claim. It says that even if everything the plaintiff alleges is true, the plaintiff can’t win because of some other fact, such as the statute of limitations, comparative fault, or waiver. It cannot survive on its own. If the plaintiff’s complaint is dismissed, the defense goes with it.
A counterclaim is an independent cause of action. It seeks its own relief and can produce a separate judgment for the defendant, including money damages, even if the plaintiff also wins. Labeling a claim for relief as an affirmative defense means you haven’t properly asserted it as a claim at all, and a court may refuse to treat it as one. If the Jones example were pleaded as a defense rather than a counterclaim, Jones could beat Smith’s suit but recover nothing for the halted work.
Deadlines and the Rule 11 Signature
The counterclaim usually rides inside the answer, so the answer deadline controls. Under Federal Rule of Civil Procedure 12, the answer is due within 21 days after service of the summons and complaint, or 60 days if the United States is the defendant.5Cornell Law School. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections Missing the deadline without an extension or the opposing party’s consent means the counterclaim won’t be accepted without leave to amend, and the court can refuse. State courts set their own deadlines, often 20 or 30 days, so check the rules of the court where you were sued.
Every counterclaim must also be signed before filing. An attorney signs if the defendant has one; a self-represented defendant signs personally. Under Rule 11, the signature certifies that the counterclaim is grounded in fact after a reasonable investigation, that the legal theories are supported by existing law or a good-faith argument for changing it, and that the filing is not made to harass or delay. An unsigned pleading is stricken, and a filing that violates the Rule 11 standards can draw sanctions, including an order to pay the opposing side’s attorney fees.
Federal counterclaims filed as part of the answer generally carry no separate filing fee.6S.D. Miss. Bankruptcy Court. Counterclaims, Cross-Claims, and Third-Party Complaints Some state courts do charge one, so ask the clerk before filing.
Adding a Counterclaim You Left Out
If you realize after filing your answer that you forgot a counterclaim, Rule 15 provides a path. You can amend your answer once as a matter of course within 21 days of serving it, or within 21 days after the plaintiff serves a responsive pleading or a Rule 12 motion against your answer, whichever comes first. After that window, you need the plaintiff’s written consent or leave of court. Courts “should freely give leave when justice so requires,” but judges weigh unreasonable delay, bad faith, and prejudice to the plaintiff.7Cornell Law School. Federal Rules of Civil Procedure Rule 15 – Amended and Supplemental Pleadings The stakes are highest for compulsory counterclaims, where a denial of leave forecloses the claim entirely.