Q: Denied Leave to Amend Answer and file Counterclaim. Now What?
Can I sue based on the issues I raised in my Counterclaim in a seperate action down the road since they were denied?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If your request to amend your answer and file a counterclaim was denied, you might still have options. One possibility is to file a separate lawsuit based on the issues you raised in your counterclaim. However, this can depend on the specific circumstances and the reasons why your original request was denied.
Before proceeding, it's crucial to understand the court's reasoning for denying your amendment and counterclaim. This information can guide your next steps and help you determine if filing a new lawsuit is viable. Review the court's decision carefully and consult with an attorney to explore your options.
If you choose to file a separate action, ensure that you address any deficiencies or issues identified in the initial denial. This can strengthen your new case and improve your chances of success. It's also important to act promptly, as there may be statutes of limitations that apply to your claims.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
