Q: Can I drop my civil counterclaim?
There was a partial summary judgement hearing today and it was granted against us (defendants). Their lawyer stated they wanted exemplary damages, no lawyer fees and that our counterclaim was still set for the November 1 st.
Can I just drop my counterclaim, I want to be done with this case. Also, does that means that there would not be a trial on November 1st if I drop it since they are already getting their judgement?
They do have a phone conference set for next month to get my case dismissed but is it better for me to just drop it?
A:
In you feel that your counterclaim is not meritorious or that trying to pursue your counterclaim might cause a higher award of exemplary damages, it may be tactically wise to non-suit your counterclaim.
Be aware that non-suiting your counterclaim will not automatically deprive the plaintiff of the right to pursue exemplary damages. Also, be aware that upon entry of a final judgment, you may be barred from ever again asserting your counterclaim against the plaintiff.
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