A permissive counterclaim may be stated even if it does not arise from the transaction or occurrence that is the subject matter of the opposing party's claim.

A permissive counterclaim may be stated even if it does not arise from the transaction or occurrence that is the subject matter of the opposing party's claim.

• A. Arises out of the same transaction or occurrence and must be pleaded at the time of service
• B. May state as a counterclaim any claim against opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim
• C. Is limited to claims already asserted by the opposing party
• D. Must be adjudicated in a separate proceeding

Answer: (B)

In North Carolina, counterclaims are governed by Rule 13 and come in two kinds: compulsory and permissive. A permissive counterclaim is allowed even if it doesn’t arise from the same transaction or occurrence as the plaintiff’s claim. This means you can bring a claim against the opposing party in the same lawsuit even if that claim is unrelated to what the plaintiff is suing about. It’s optional and sits in the same case, not in a separate proceeding, and it isn’t limited to claims the plaintiff has already asserted. The essence is that you may state as a counterclaim any claim against the opposing party that does not arise out of the transaction or occurrence at issue in the plaintiff’s claim.

In North Carolina, counterclaims are governed by Rule 13 and come in two kinds: compulsory and permissive. A permissive counterclaim is allowed even if it doesn’t arise from the same transaction or occurrence as the plaintiff’s claim. This means you can bring a claim against the opposing party in the same lawsuit even if that claim is unrelated to what the plaintiff is suing about. It’s optional and sits in the same case, not in a separate proceeding, and it isn’t limited to claims the plaintiff has already asserted. The essence is that you may state as a counterclaim any claim against the opposing party that does not arise out of the transaction or occurrence at issue in the plaintiff’s claim.