May I file a counter claim while in appeal?
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May I file a counter claim while in appeal?
Judgment has been rendered and the judgment has been appealed. The Appellate Court has scheduled the hearing. I have just received confirmation that key documents are fraudulent. May I file a counter claim? Will I loose my standing in the Appellate?
Asked on December 13, 2018 under Real Estate Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You cannot file a counterclaim after a judgment has been rendered. IF the appeals court vacatedls the judgment and sends the case back to be re-tried, you could make a motion to the trial court to be able to add a counterclaim based on newly discovered evidence of fraud. You should also make the appeals court aware of the fraud in case it bears in their deliberations; contact their clerk's office, explain the situation, and ask for instructions.
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