Practice question
A third-party defendant has a proper claim against the original plaintiff in respect of that plaintiff’s claim against the third-party plaintiff. All requirements exist. It is argued that Rule6 Section13 categorically forbids such a counterclaim because no direct claim originally named the third-party defendant. Which is correct?
- Section13 expressly allows it in proper cases
- No such counterclaim is ever allowed
- Only an independent foreign case is permitted
- A counterclaim requires the third-party defendant to be a co-judge
- The original plaintiff is always immune
Legal references
- 2019 Rules of Civil Procedure, AM19-10-20-SC, Rules6–9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Continuing provisions marked no amendment in2019, Rules6 Sections9,12,13;7 Section2;8 Sections2,4,9;9 Sections1–2: https://lawphil.net/courts/rules/rc_1-71_civil.html
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