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  482.320.  Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge. — 1.  At any time up to ten days after service of process and before the date of the hearing, the defendant may file a counterclaim which does not arise out of the same transaction or occurrence as the plaintiff's original claim.  The pleading requirements for filing such a counterclaim shall be the same as those for the filing of the original claim.

  2.  At any time up to and including the time of the hearing, the defendant may raise a counterclaim which grows out of the same transaction or occurrence as the plaintiff's original claim.

  3.  If, during the course of the hearing, the judge determines that the defendant has a counterclaim arising out of the same transaction or occurrence as the plaintiff's original claim, the judge may question the parties on the counterclaim and render judgment on it as if it had been raised on the initiative of the defendant.

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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdivs. (2), (3), (4), A.L. 1978 H.B. 1634)

Effective 1-02-79


---- end of effective   02 Jan 1979 ----

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