Counterclaim Time in Xinmin Procedure Law

There are no specific provisions on counterclaims in Chinese law, but in judicial practice, it is generally preferred to put forward counterclaims in the process of defense and at the latest after the trial debate in the court of first instance. In the course of civil proceedings, if the defendant files a counterclaim, the time limit must be before the end of the debate in the court of first instance, that is, the counterclaim must be filed during the court debate.

After the case is accepted, but before the end of the court debate, if the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, which can be tried jointly, the people's court shall try it jointly. If the people's court allows the plaintiff to withdraw the lawsuit, it shall continue to hear the counterclaim; If the defendant applies to withdraw the counterclaim, the people's court shall allow it. The parties to a counterclaim shall be limited to the parties to this lawsuit. If the counterclaim and the claim in this case are based on the same legal relationship, if there is a causal relationship between the claims, or if the counterclaim and the claim in this case are based on the same fact, the people's court shall try them together. If the counterclaim is under the exclusive jurisdiction of other people's courts, or has nothing to do with the facts and reasons on which the subject matter of the lawsuit and the claim are based, the counterclaim shall be ruled inadmissible and informed to be prosecuted separately. The counterclaim was made after the case was accepted and before the end of the court debate. According to the relevant provisions of the rules of evidence, counterclaims and additional actions are filed before the expiration of the time limit for adducing evidence. Theoretically speaking, the rules of opinion and evidence in civil litigation belong to the law of apposition. For the juxtaposition method, of course, the new law takes precedence over the old law, and of course the rules of evidence apply. In criminal proceedings, the defendant in a private prosecution case may file a counterclaim against the private prosecutor during the proceedings. It should be noted that a case in which public prosecution turns to private prosecution cannot be counterclaimed.

In any of the following circumstances, the people's court shall allow it:

(a) the original trial did not summon the default judgment according to law, which affected the parties to exercise their litigation rights;

(2) Adding new litigants;

(three) the loss or change of the subject matter of litigation, which makes the original creditor's rights impossible to realize;

(four) the request for change, increase or counterclaim put forward by the parties can not be resolved through other litigation.

Legal basis:

Article 140 of the Civil Procedure Law: If the plaintiff adds a claim, the defendant files a counterclaim and a third party files a claim related to this case, they may be tried together.