The time limit for filing a counterclaim is from the acceptance of the case to the end of the court debate. During this period, the parties may file a counterclaim based on the actual situation, but whether it can be approved can only be determined after the judicial authorities review the relevant matters. .
A. What is the time limit for filing a counterclaim? The time limit for filing a counterclaim, according to Article 156 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Procedural Law of the People's Republic of China", the time for filing an additional counterclaim is: court debate after the case is accepted Before the end. The time for filing counterclaims and adding additional claims is before the expiration of the time limit for producing evidence. Theoretically, civil litigation opinions and evidence rules belong to the same law. For the same law, the new law will of course take precedence, and the old law will of course apply the evidence rules. According to the provisions of the Civil Procedure Law, the defendant in this lawsuit may file a counterclaim against the plaintiff in this lawsuit. 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 counterclaims cannot be filed in cases where public prosecution is transferred to private prosecution. Counterclaims shall apply to the provisions of private prosecution cases and shall be heard together with private prosecution cases; the withdrawal of the private prosecution case by the private prosecutor shall not affect the continued trial of the counterclaim case. During the second instance, if a party to a private prosecution case files a counterclaim, he or she shall be informed to file a separate prosecution.
Characteristics of counterclaims (1) Party specificity and duality Since a counterclaim is an independent counterclaim filed by a defendant in a lawsuit against a plaintiff in a lawsuit, the plaintiff in the counterclaim is the defendant in the lawsuit, and the defendant in the counterclaim is the plaintiff in the lawsuit. The parties, that is, the parties to the counterclaim are specific, and the status of the parties to the counterclaim in the litigation is dual. (2) Independence of the right of claim The counterclaim meets the conditions for establishment and is an independent right of claim. Although a counterclaim is a counterclaim made by the defendant to the plaintiff in the lawsuit, it does not necessarily depend on the existence of the plaintiff's request. The counterclaim filed by the defendant itself meets the requirements for prosecution, so even if the lawsuit is withdrawn, the counterclaim can exist independently and can be heard by the court as an independent case. (3) Prosecution of counterclaims for the purpose of confrontation can render the lawsuit meaningless and annex or offset the plaintiff's claims. (4) Time limits for counterclaims There are strict time limits for filing counterclaims. According to the provisions of Article 34, paragraph 3, of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation", it should be submitted before the expiration of the time limit for producing evidence. Most generalizations about the characteristics of counterclaims fail to distinguish the characteristics of counterclaims from the conditions of counterclaims, and regard the conditions for filing counterclaims as the characteristics of counterclaims, which brings great limitations to the definition of counterclaim characteristics. As mentioned above, a counterclaim is a special and independent claim. Therefore, in order to find out the difference between "counterclaim" and "this claim", "counterclaim" should be compared with "this claim". Comparable. The characteristics of a "counterclaim" - that is, the conditions under which a counterclaim is made are completely different from those under which a main claim is made - should be determined by reference to a "counterclaim" and a "main claim". In addition, the most important feature of a counterclaim should be reflected in the "counter". The "counter" here reveals the irreversibility of the counterclaim and the time and space of its occurrence. In other words, the counterclaim can only occur if the request exists first. , the counterclaim is dependent on this claim at this point. (5) There is an implicated relationship between the counterclaim and the litigation claim
Whether the counterclaim is based on the same legal relationship and the purpose of the confrontation is different, or the counterclaim is based on different legal relationships and the purpose of the confrontation is different. The counterclaim is in the litigation process. The purpose of the counterclaim is to offset or annex the plaintiff's claims in order to protect its own interests. The purpose of a counterclaim is to offset or annex the plaintiff's claims in this case in order to protect its own interests. The request of counterclaim is opposite to the request of counterclaim. Counterclaim relies on litigation procedures and is heard and decided by the court. The above are the relevant provisions of our country’s laws on counterclaims. The specific situation can be determined according to the actual litigation situation. Especially for different lawsuits, the time limit for litigation is different, but it must be filed within the time limit specified above. Counterclaim, otherwise it will not be effective.