TRANSACTION-OR-OCCURRENCE TEST

TRANSACTION-OR-OCCURRENCE TEST

transaction-or-occurrence test. A test used to determine whether, under Fed. R. Civ. P. 13(a), a particular claim is a compulsory counterclaim. ? Four different tests have been suggested: (1) Are the legal and factual issues raised by the claim and counterclaim largely the same? (2) Would res judicata bar a later suit on the counterclaim in the absence of the compulsory-counterclaim rule? (3) Will substantially the same evidence support or refute both the plaintiff’s claim and the counterclaim? (4) Are the claim and counterclaim logically related? See compulsory counterclaim under COUNTERCLAIM. [Cases: Federal Civil Procedure 776; Set-off and Counterclaim 60. C.J.S. Set-off and Counterclaim ¡ì¡ì 102¨C103.]
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