EZRCP · New Jersey · Part 4 - Civil Practice · R. 4:7-1

R. 4:7-1. — Mandatory or Permissive Counterclaims

New Jersey · Part 4 - Civil Practice

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Rule text

Except as otherwise provided by R. 4:64-5 (foreclosure actions) and R. 4:67-4 (summary actions), a pleading may state as a counterclaim any claim against the opposing party whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. A defendant, however, either failing to comply with R. 4:30A (entire controversy doctrine) or failing to set off a liquidated debt or demand or a debt or demand capable of being ascertained by calculation, shall thereafter be precluded from bringing any action for such claim or for such debt or demand which might have been so set off.

Notes

Note: Source-R.R. 4:13-1. Amended July 16, 1979 to be effective September 10, 1979; amended June 29, 1990 to be effective September 4, 1990; amended July 14, 1992 to be effective September 1, 1992.