RULE 7.100. COUNTERCLAIMS; SETOFFS; THIRD-PARTY
COMPLAINTS; TRANSFER WHEN JURISDICTION
EXCEEDED

(a) Compulsory Counterclaim. If a defendant has a claim or setoff
against a plaintiff that arises out of the same transaction or occurrence which
is the subject matter of the plaintiff’s claim, the counterclaim or setoff shall be
filed not less than 5 days before the initial appearance date (pretrial
conference), or within such time as the court designates, or it is abandoned.

(b) Permissive Counterclaim. If a defendant has a claim or setoff
against a plaintiff that does not arise out of the same transaction or occurrence
which is the subject matter of the plaintiff’s claim, then the counterclaim or
setoff may be filed not less than 5 days before the initial appearance date
(pretrial conference) or within such time as the court designates, and tried,
providing that such permissive claim is within the jurisdiction of the court.

(c) How Filed. Counterclaims and setoffs shall be filed in writing with
the clerk of court and served on the plaintiff or to the attorney of the plaintiff if
the plaintiff is represented by an attorney. If additional time is needed to
prepare a defense, the court may continue the action.

(d) Transfer When Beyond Jurisdiction. When a counterclaim or
setoff is filed and exceeds the jurisdiction of the small claims court, the action
shall then be transferred to the court having jurisdiction. The counterclaimant
shall deposit with the clerk of the court a sum sufficient to pay the filing fee in
the court to which the case is to be transferred. Failure to make the deposit at
the time of filing, or with such further time as the court may allow, waives the
right to transfer.

(e) Third-Party Complaints. A defendant may cause a statement of
claim to be served on a person not a party to the action who is or may be liable
to the defendant for all or part of the plaintiff’s claim against the defendant. A
defendant must obtain leave of court on motion made at the initial appearance
date (pretrial conference) and must file the third-party complaint within such
time as the court may allow. The clerk shall schedule a supplemental pretrial
conference, and on the date and time appointed in the notice to appear the
third-party plaintiff and the third-party defendant shall appear personally or by
counsel. If additional time is needed for the third-party defendant to prepare a
defense, the court may continue the action. Any party may move to strike the
third-party claim or for its severance or separate trial. When a counterclaim is
asserted against the plaintiff, the plaintiff may bring in a third-party defendant
under circumstances that would entitle a defendant to do so under this rule.

Committee Notes

1988 Amendment. Provides for and authorizes third-party claims so
that all issues may be addressed and resolved. Also provides for a title change.