In NC civil procedure, what is a counterclaim?

• A. A claim by a defendant against the plaintiff arising from the same transaction or occurrence.
• B. A claim by a plaintiff against a third party.
• C. A claim by a defendant against a co-defendant arising from a different transaction.
• D. A claim by a plaintiff against the court.

Answer: (A)

A counterclaim is a claim by the defendant against the plaintiff that grows out of the same transaction or occurrence as the plaintiff’s lawsuit. It is asserted in the defendant’s answer to the complaint and becomes part of the same case, allowing the court to resolve all related issues in one action. In North Carolina, such a claim can be compulsory if it arises from the same transaction or occurrence, meaning it must be raised in the answer; if it doesn’t have that relation, it may be pursued only as a permissive counterclaim. This keeps related disputes consolidated rather than forcing separate lawsuits. The other ideas describe different procedural steps (a claim by a plaintiff against a third party, a cross-claim against a co-defendant, or a suit against the court) and are not what a counterclaim is.