motkrav

Motkrav is a legal term used in Norwegian civil procedure to describe a counterclaim raised by a party in response to the other party’s claim. It is a claim directed against the plaintiff by the defendant within the same court proceeding, rather than a separate lawsuit.

Purpose and scope: A motkrav allows the defendant to seek relief from the plaintiff, such as damages, repayment of money, or performance of an obligation, if the defendant believes they are entitled to such remedies under the same facts and legal grounds as the initial claim. The aim is to resolve related disputes efficiently in a single proceeding.

Procedure: Motkrav is typically pleaded in the defendant’s answer to the original claim. The court then considers both the original claim and the motkrav, and the plaintiff must respond to the counterclaim. Evidence is gathered for both, and hearings may address them together or separately as determined by procedural rules.

Relation to other concepts: A motkrav is distinct from a cross-claim against a third party, which may occur in some systems when the defendant seeks relief from someone not originally named as a claimant. A motkrav is directed at the plaintiff in the current case.

Limitations and examples: The counterclaim must be grounded in related facts and legal grounds. It may be subject to time limits and admissibility criteria, and not all claims can be introduced as a motkrav in every jurisdiction. For example, a tenant’s claim against a landlord for damages may be followed by the landlord’s motkrav for unpaid rent or compensation for property damage.