permissive counterclaim

A permissive counterclaim is a claim brought by a defendant against a plaintiff in the situation where the defendant's claim does not arise from the same transaction or occurrence as the plaintiff's claim. Therefore, if the defendant does not raise the claim in the pending cause of action, it is not waived, and the defendant is free to bring an independent action on the claim.

Keywords

• civil procedure

Wex

• THE LEGAL PROCESS
• civil procedure
• wex definitions