COUNTERCLAIMS; SETOFFS; THIRD-PARTY COMPLAINTS; TRANSFER WHEN JURISDICTION EXCEEDED

(a) Compulsory Counterclaim. If a defendant has a claim or setoff against a plaintiff that arises out of the same transaction or occurrence which is the subject matter of the plaintiff’s claim, the counterclaim or setoff shall be filed not less than 5 days before the initial appearance date (pretrial conference), or within such time as the court designates, or it is abandoned.

(b) Permissive Counterclaim. If a defendant has a claim or setoff against a plaintiff that does not arise out of the same transaction or occurrence which is the subject matter of the plaintiff’s claim, then the counterclaim or setoff may be filed not less than 5 days before the initial appearance date (pretrial conference) or within such time as the court designates, and tried, providing that such permissive claim is within the jurisdiction of the court.

(c) How Filed. Counterclaims and setoffs shall be filed in writing with the clerk of court and served on the plaintiff or to the attorney of the plaintiff if the plaintiff is represented by an attorney. If additional time is needed to prepare a defense, the court may continue the action.

(d) Transfer When Beyond Jurisdiction. When a counterclaim or setoff is filed and exceeds the jurisdiction of the small claims court, the action shall then be transferred to the court having jurisdiction. The counterclaimant shall deposit with the clerk of the court a sum sufficient to pay the filing fee in the court to which the case is to be transferred. Failure to make the deposit at the time of filing, or with such further time as the court may allow, waives the right to transfer.

(e) Third-Party Complaints. A defendant may cause a statement of claim to be served on a person not a party to the action who is or may be liable to the defendant for all or part of the plaintiff’s claim against the defendant. A defendant must obtain leave of court on motion made at the initial appearance date (pretrial conference) and must file the third-party complaint within such time as the court may allow. The clerk must schedule a supplemental pretrial conference, and on the date and time appointed in the notice to appear the third-party plaintiff and the third-party defendant must appear personally or by counsel. Such appearance may be in person or through the use of communication technology under Florida Rule of General Practice and Judicial Administration 2.530. If additional time is needed for the third-party defendant to prepare a defense, the court may continue the action. Any party may move to strike the third-party claim or for its severance or separate trial. When a counterclaim is asserted against the plaintiff, the plaintiff may bring in a third-party defendant under circumstances that would entitle a defendant to do so under this rule.