Defence and Counterclaim

Structured workflow for defence and counterclaim: organise the supplied facts and documents, identify missing information, draft or analyse in stages, and verify facts, authorities and assumptions before use.

This is a reusable litigation prompt from the Litigation AI Prompt Repository. It is intended for Malaysian civil litigation but can be adapted by changing the placeholders. Use the Universal Litigator Control Block first where source discipline, adversarial review and authority verification matter.

Prompt

Draft a Defence and Counterclaim for `[DEFENDANT / PLAINTIFF BY COUNTERCLAIM]`.

First determine whether each proposed counterclaim is properly connected, sufficiently evidenced, within limitation and brought against the correct party. Distinguish a true counterclaim from a defence, set-off, contribution claim or separate cause of action.

Draft:

1. the Defence responding to each allegation;
2. any incorporated facts relied upon for the Counterclaim;
3. the Counterclaim with its own material facts, causes of action, particulars, loss and remedies;
4. separate prayers for dismissal of the claim and judgment on the Counterclaim.

Prevent ambiguity in party designations and do not incorporate allegations so broadly that the counterclaim becomes uncertain.