Can defendant file late counterclaim after trial has started?

[ascorbate]

What is the name of your state (only U.S. law)? Maryland

As plaintiff pro se, I filed a large claim in the District Court of MD. Defendant's attorney served notice of intention to defend nearly 3 months before the set trial date. A non-jury trial recently commenced for ~2.5 hours but the sitting judge didn't have time to finish hearing the case because the docket was full but she had to be forming opinions based on the testimony and cross-examine conducted by the defendant's attorney of me. The judge remarked that she will set another full day to hear the rest of the case. Defendant's attorney then asked (after 1.5 hours of cross-exam) and prior to recess if the judge would allow him to now file a counterclaim which the judge seemed to be encouraging/entertaining. Maryland Rule 3-331(d) of Civil Procedure (District Court) - Time of filing - notes that a party may file a counterclaim or cross-claim within 10 days after the time for filing a notice of intention to defend, and thereafter only with leave of court for good cause shown... that notice of intention to defend was filed over 3 months ago. I believe that a counterclaim should have been filed prior to the start of the current trial, not after the trial has started and not after I've been cross-examined in front of the judge. Am I being treated fairly if this judge considers a very late countersuit by the defendant? What arguments could I use in my Motion to Strike to weaken any good cause the defendant might try to show to the court?

 

[Rexlan]

What is the name of your state (only U.S. law)? Maryland

As plaintiff pro se, I filed a large claim in the District Court of MD. Defendant's attorney served notice of intention to defend nearly 3 months before the set trial date. A non-jury trial recently commenced for ~2.5 hours but the sitting judge didn't have time to finish hearing the case because the docket was full but she had to be forming opinions based on the testimony and cross-examine conducted by the defendant's attorney of me. The judge remarked that she will set another full day to hear the rest of the case. Defendant's attorney then asked (after 1.5 hours of cross-exam) and prior to recess if the judge would allow him to now file a counterclaim which the judge seemed to be encouraging/entertaining. Maryland Rule 3-331(d) of Civil Procedure (District Court) - Time of filing - notes that a party may file a counterclaim or cross-claim within 10 days after the time for filing a notice of intention to defend, and thereafter only with leave of court for good cause shown... that notice of intention to defend was filed over 3 months ago. I believe that a counterclaim should have been filed prior to the start of the current trial, not after the trial has started and not after I've been cross-examined in front of the judge. Am I being treated fairly if this judge considers a very late countersuit by the defendant? What arguments could I use in my Motion to Strike to weaken any good cause the defendant might try to show to the court?

This is a risk you always take and the court will probably allow it unless you can clearly show why it should not be allowed. Just because you don't think it should will not be sufficient. You will need a definite reason such as the counterclaim is frivolous or only being presented to unnecessarily delay the action.

 

[ascorbate]

This is a non-jury trial with the judge deciding the case (large claim in district court). The judge had a front row seat to the defendant who has now cross-examined me. The judge is/has most likely formed opinions since the case commenced.... how could she not! Wouldn't it now be prejudicial against me for the judge to allow a very late counterclaim?