Complaint The pleading that initiates litigation. Filed by the plaintiff, the complaint contains the general allegations against the defendant. It is served with the summons. Counterclaim A claim by the defendant against the plaintiff. Sometimes the only determining factor as to whether a claim is an affirmative defense or a counterclaim is whether the defendant is alleging damages. If this is the case, it becomes a counterclaim. A counterclaim is, in essence, a pleading presenting the defendant’s complaint against the plaintiff. Cross Claim A claim by one defendant against a co-defendant. One form of cross claim occurs when one original defendant sues another original defendant, but third-party complaints are also cross claims. Damages An amount of money paid to atone for injury or economic loss. Decision Determination of the court. Also called an opinion or ruling. Default When a party does not respond to a complaint or motion, the court may rule in the opposing party’s favor. Proper service of the relevant complaint or motion (as prescribed by the relevant court rules) is required for default to be entered. Default Judgment When the defendant does not respond in the required time to a complaint the court may enter a Default Judgment. Dismissal The termination of a legal action usually due to a procedural error by one of the parties.
Complaint The pleading that initiates litigation. Filed by the plaintiff, the complaint contains the general allegations against the defendant. It is served with the summons. Counterclaim A claim by the defendant against the plaintiff. Sometimes the only determining factor as to whether a claim is an affirmative defense or a counterclaim is whether the defendant is alleging damages. If this is the case, it becomes a counterclaim. A counterclaim is, in essence, a pleading presenting the defendant’s complaint against the plaintiff. Cross Claim A claim by one defendant against a co-defendant. One form of cross claim occurs when one original defendant sues another original defendant, but third-party complaints are also cross claims. Damages An amount of money paid to atone for injury or economic loss. Decision Determination of the court. Also called an opinion or ruling. Default When a party does not respond to a complaint or motion, the court may rule in the opposing party’s favor. Proper service of the relevant complaint or motion (as prescribed by the relevant court rules) is required for default to be entered. Default Judgment When the defendant does not respond in the required time to a complaint the court may enter a Default Judgment. Dismissal The termination of a legal action usually due to a procedural error by one of the parties.