countersuit: meaning, definition, pronunciation and examples

In modern US and UK law, they are largely synonymous in practice. 'Counterclaim' is the more formal, procedural term used in court rules, while 'countersuit' is often used in media and general discourse. Some jurisdictions may use 'counterclaim' for claims arising from the same transaction and 'countersuit' for independent claims, but this distinction is fading.

Generally, no. Countersuits are a feature of civil law. In criminal cases, the state prosecutes an individual. The defendant cannot 'counter-sue' the state within the same criminal case, though they might later bring a civil suit (e.g., for wrongful arrest) in a separate proceeding.

Yes, typically. A countersuit escalates the conflict, increases costs and complexity, and indicates the defendant is not merely on the defensive but is launching a substantive offensive legal challenge. It often prolongs litigation.

A common reason is to allege 'malicious prosecution' or 'abuse of process,' claiming the original lawsuit was brought without probable cause and for an improper purpose like harassment. Other reasons include seeking indemnity or contribution, or asserting that the plaintiff actually breached a contract first.

A legal claim made in response to a lawsuit filed against the claimant, typically asserting the original plaintiff is at fault.

Countersuit is usually formal, legal in register.

Countersuit: in British English it is pronounced /ˈkaʊn.tə.suːt/, and in American English it is pronounced /ˈkaʊn.t̬ɚ.suːt/. Tap the audio buttons above to hear it.