Practical guide

How to draft a counterclaim under Art. 36 c.p.c. with AI

3 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

A counterclaim (domanda riconvenzionale) is the procedural tool used by a defendant to bring an independent action against the plaintiff within the same proceedings. This guide explores how to structure the filing in compliance with connection requirements and the strict statutory deadlines.

In brief

The counterclaim under Art. 36 c.p.c. allows the defendant to seek a favorable judgment exceeding the mere dismissal of the plaintiff's claim. To be admissible, it must depend on the legal title invoked by the plaintiff or on a title already introduced as a ground for defense. The claim must be included in the statement of defense (comparsa di costituzione e risposta) and filed at least seventy days before the hearing to avoid forfeiture, ensuring the efficiency of the proceedings.

The steps

1.
Verification of objective connection
The first step involves ensuring that the counterclaim depends on the legal title relied upon by the plaintiff or on one already introduced as a defense. Pursuant to Art. 36 c.p.c., this connection must be qualified: a simple overlap of parties is insufficient. A logical and legal link between the claims is required. edit.legal assists in mapping the constitutive facts to correctly isolate the common title and prevent challenges regarding the lack of connection.
2.
Compliance with forfeiture deadlines
The counterclaim must be submitted within the statement of defense (comparsa di costituzione e risposta) under penalty of forfeiture. Following the Cartabia reform, the deadline for a timely appearance is set at seventy days before the hearing date specified in the summons. Failure to meet this deadline permanently precludes the possibility of raising a counterclaim in the current proceedings, forcing the party to initiate a separate lawsuit, which increases costs and duration.
3.
Drafting of the prayer for relief and legal grounds
The filing must contain a clear statement of the facts and legal grounds constituting the basis of the counterclaim. It is essential to distinguish between simple defenses (eccezioni) and the actual counterclaim (domanda riconvenzionale), which seeks an autonomous judgment against the plaintiff. edit.legal facilitates the logical structuring of these sections, ensuring that the conclusions expressly include the request for condemnation or the specific judicial determination sought.
4.
Determination of value and filing fees
Filing a counterclaim may trigger the obligation to pay a supplemental filing fee (contributo unificato). The lawyer must determine the value of the counterclaim and declare it in the concluding part of the document. If the counterclaim increases the overall value of the case or introduces an autonomous title, payment is due according to current statutory brackets. While failure to pay does not affect the admissibility of the claim, it exposes the professional and the party to recovery procedures and monetary penalties.
5.
Electronic filing and request for deferment
The statement of defense containing the counterclaim must be filed exclusively through the electronic civil trial system (PCT). Should the defendant intend to join a third party in relation to the counterclaim, they must simultaneously request the judge to defer the first hearing pursuant to Art. 167, paragraph 3, c.p.c. edit.legal allows for the automatic generation of related deferment requests, verifying the procedural sequence necessary for the correct establishment of the proceedings involving third parties.

Legal basis: Art. 36 c.p.c.Art. 167 c.p.c.Art. 38 c.p.c.Art. 2697 c.c.

Mistakes to avoid

Filing the statement of defense past the 70-day deadline before the hearing, resulting in forfeiture.
Failure to state the autonomous facts supporting the counterclaim, rendering the claim void for uncertainty.
Filing claims that lack an objective connection to the main title or the defense.
Omitting the declaration of the counterclaim's value for the purpose of the supplemental filing fee.

Frequently asked questions

What is the difference between a counterclaim and a counter-exception?

A counter-exception (eccezione riconvenzionale) aims only to neutralize the plaintiff's claim without seeking an independent judgment. Conversely, a counterclaim (domanda riconvenzionale) expands the scope of the trial by requesting a condemnation or a specific determination in favor of the defendant.

What happens if the judge lacks jurisdiction over the counterclaim?

If the counterclaim exceeds the judge's jurisdiction in terms of value or subject matter, the judge refers the entire case to a higher court, unless the main claim is based on an undisputed title, in which case the judge may decide the main claim and refer only the counterclaim.

Is it possible to file a counterclaim against another defendant?

Yes, this is referred to as a domanda trasversale (cross-claim). It must be filed in compliance with the same forfeiture deadlines and connection requirements. Conversely, a reconventio reconventionis (counter-counterclaim) refers to a counterclaim brought by the plaintiff in response to the defendant's counterclaim.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 18 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—Analysis of the logical connection between the plaintiff's allegations and the facts supporting the counterclaim.
—Automated verification of forfeiture deadlines calculated based on the hearing date specified in the summons.
—Suggestion of specific clauses for quantifying the value of the case and the supplemental filing fee.