compulsory counterclaim rule in Washington

9 Washington opinions name it 1 courts 1986–2025 1 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
Mishkind-Feinberg Realty Co. v. . Sidorskygreen · 1907 · cited in 1 Washington opinions naming this issue, 2017–2017 2 sentences 2017C.P.L.R. § 304 (a) ("An action is commenced by filing a summons and complaint or summons with notice."); see also Martin v. Martin, 38 Misc. 2d 836, 837 , 238 N.Y.S.2d 749 (Sup. Ct. 1963) ("The summons 'is always of prime importance,' being 'the effective paper upon which jurisdiction is founded." (quoting Mishkind-Feinberg Realty v. Sidorsky, 189 N.Y. 402, 407 , 82 N.E. 448 (1907))). -5- No. 75335-5-1/ 6 courts have used this logic in applying a similar priority rule.1° And, while no Washington court has yet applied the compulsory counterclaim rule in a priority of action analysis, we agree w 2017C.P.L.R. § 304 (a) ("An action is commenced by filing a summons and complaint or summons with notice."); see also Martin v. Martin, 38 Misc. 2d 836, 837 , 238 N.Y.S.2d 749 (Sup. Ct. 1963) ("The summons 'is always of prime importance,' being 'the effective paper upon which jurisdiction is founded." (quoting Mishkind-Feinberg Realty v. Sidorsky, 189 N.Y. 402, 407 , 82 N.E. 448 (1907))). -5- No. 75335-5-1/ 6 courts have used this logic in applying a similar priority rule.1° And, while no Washington court has yet applied the compulsory counterclaim rule in a priority of action analysis, we agree w	1	1
Martin v. Martingreen nysupct · 1963 · cited in 1 Washington opinions naming this issue, 2017–2017 2 sentences 2017C.P.L.R. § 304 (a) ("An action is commenced by filing a summons and complaint or summons with notice."); see also Martin v. Martin, 38 Misc. 2d 836, 837 , 238 N.Y.S.2d 749 (Sup. Ct. 1963) ("The summons 'is always of prime importance,' being 'the effective paper upon which jurisdiction is founded." (quoting Mishkind-Feinberg Realty v. Sidorsky, 189 N.Y. 402, 407 , 82 N.E. 448 (1907))). -5- No. 75335-5-1/ 6 courts have used this logic in applying a similar priority rule.1° And, while no Washington court has yet applied the compulsory counterclaim rule in a priority of action analysis, we agree w 2017C.P.L.R. § 304 (a) ("An action is commenced by filing a summons and complaint or summons with notice."); see also Martin v. Martin, 38 Misc. 2d 836, 837 , 238 N.Y.S.2d 749 (Sup. Ct. 1963) ("The summons 'is always of prime importance,' being 'the effective paper upon which jurisdiction is founded." (quoting Mishkind-Feinberg Realty v. Sidorsky, 189 N.Y. 402, 407 , 82 N.E. 448 (1907))). -5- No. 75335-5-1/ 6 courts have used this logic in applying a similar priority rule.1° And, while no Washington court has yet applied the compulsory counterclaim rule in a priority of action analysis, we agree w	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
Chee Chew v. Lord green washctapp · 2008 2 sentences 2017Chee Chew, 143 Wn. 2016Schoeman, 106 Wn.2d at 863 ; Chew, 143 Wn.	4	2011–2017
Smith v. King green wash · 1986 2 sentences 2025Smith v. King, 106 Wn.2d 443, 451-52 , 722 P.2d 796 (1986). 10 No. 39725-4-III; No. 39771-8-III Margitan v. Hanna The purpose of the compulsory counterclaim rule is to prevent piecemeal litigation. 2025Smith v. King, 106 Wn.2d 443, 451-52 , 722 P.2d 796 (1986). 10 No. 39725-4-III; No. 39771-8-III Margitan v. Hanna The purpose of the compulsory counterclaim rule is to prevent piecemeal litigation.	1	2025–2025
Henry Modell & Co. v. Minister green ny · 1986 2 sentences 2017App. at 607 . 12 Henry Modell & Co. v. Minister, Elders & Deacons of Reformed Protestant Dutch Church of City of N.Y., 68 N.Y.2d 456, 461 , 502 N.E.2d 978 , 510 N.Y.S.2d 63 (1986) ("While New York does not have a compulsory counterclaim rule, a party is not free to remain silent in an action in which he is the defendant and then bring a second action seeking relief inconsistent with the judgment in the first action by asserting what is simply a new legal theory." (citation omitted)). 13 O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357 , 429 N.E.2d 1158 , 445 N.Y.S.2d 687 (1981). -6- No. 75335-5 2017App. at 607 . 12 Henry Modell & Co. v. Minister, Elders & Deacons of Reformed Protestant Dutch Church of City of N.Y., 68 N.Y.2d 456, 461 , 502 N.E.2d 978 , 510 N.Y.S.2d 63 (1986) ("While New York does not have a compulsory counterclaim rule, a party is not free to remain silent in an action in which he is the defendant and then bring a second action seeking relief inconsistent with the judgment in the first action by asserting what is simply a new legal theory." (citation omitted)). 13 O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357 , 429 N.E.2d 1158 , 445 N.Y.S.2d 687 (1981). -6- No. 75335-5	1	2017–2017
O'Brien v. City of Syracuse green ny · 1981 2 sentences 2017App. at 607 . 12 Henry Modell & Co. v. Minister, Elders & Deacons of Reformed Protestant Dutch Church of City of N.Y., 68 N.Y.2d 456, 461 , 502 N.E.2d 978 , 510 N.Y.S.2d 63 (1986) ("While New York does not have a compulsory counterclaim rule, a party is not free to remain silent in an action in which he is the defendant and then bring a second action seeking relief inconsistent with the judgment in the first action by asserting what is simply a new legal theory." (citation omitted)). 13 O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357 , 429 N.E.2d 1158 , 445 N.Y.S.2d 687 (1981). -6- No. 75335-5 2017App. at 607 . 12 Henry Modell & Co. v. Minister, Elders & Deacons of Reformed Protestant Dutch Church of City of N.Y., 68 N.Y.2d 456, 461 , 502 N.E.2d 978 , 510 N.Y.S.2d 63 (1986) ("While New York does not have a compulsory counterclaim rule, a party is not free to remain silent in an action in which he is the defendant and then bring a second action seeking relief inconsistent with the judgment in the first action by asserting what is simply a new legal theory." (citation omitted)). 13 O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357 , 429 N.E.2d 1158 , 445 N.Y.S.2d 687 (1981). -6- No. 75335-5	1	2017–2017
Schoeman v. New York Life Insurance green wash · 1986 1 sentence 2016Schoeman, 106 Wn.2d at 863 ; Chew, 143 Wn.	1	2016–2016
Trimble v. HOLMES HARBOR SEWER DIST. neutral wash · 2008 1 sentence 2008App. 665, 681 , 151 P.3d 1038 (2007), review denied, 163 Wn.2d 1003 (2008). ¶10 Washington, Nevada, and the federal courts share an identical compulsory counterclaim rule: A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.	1	2008–2008
Green v. Normandy Park green washctapp · 2007 1 sentence 2008App. 665, 681 , 151 P.3d 1038 (2007), review denied, 163 Wn.2d 1003 (2008). ¶10 Washington, Nevada, and the federal courts share an identical compulsory counterclaim rule: A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.	1	2008–2008
Smith Contracting Corp. v. Trojan Const. Co., Inc green ca10 · 1951 1 sentence 1988Co., 192 F.2d 234 (10th Cir. 1951). *886 According to one commentator, the language used in CR 13(f) is so broad as to nearly make such leave subject to the uncontrolled discretion of the court; this commentator opines that such liberality is understandable because of the possibility that the compulsory counterclaim rule might prevent the defendant from ever raising his claim. 3A L.	1	1988–1988
American Discount Corp. v. Saratoga West, Inc. green wash · 1972 2 sentences 1986American Discount Corp. v. Saratoga West, Inc., 81 Wn.2d 34, 37 , 499 P.2d 869 (1972). 3 The statute of limitations is not at issue in this case. 1986American Discount Corp. v. Saratoga West, Inc., 81 Wn.2d 34, 37 , 499 P.2d 869 (1972). 3 The statute of limitations is not at issue in this case.	1	1986–1986

Where else courts name it

TX 83 (1976–2026) MO 26 (1966–2022) FL 17 (1980–2021) AL 13 (1988–2014) NM 10 (1993–2013) OH 10 (1996–2026) WA 9 (1986–2025) CA 6 (1955–2015) NC 5 (1978–2018) NY 5 (1986–2022) WV 5 (1987–2013) UT 4 (1955–2024) WI 4 (1993–2007) SD 4 (1988–2025) CT 3 (1997–2022) DC 3 (1976–2021) OR 3 (1984–2016) IA 3 (1964–1996) IL 3 (1980–1982) MD 3 (1994–2024) GA 3 (1991–2014) CO 2 (2008–2025) IN 2 (1999–2008) NV 2 (1964–1982) LA 2 (1998–2021) WY 2 (1979–1991) MA 2 (1983–1999) AR 2 (1983–2001) ND 2 (1985–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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