OUJI-CIV No. 2.2

THE ISSUES IN THE CASE — COUNTERCLAIM

Each party to this action claims to be entitled to damage from the other.

The parties to this case are: [name of Plaintiff], th e Plaintiff, and [name of

Defendant], the Defendant.

The parties admit:

[State the essential elements of the claim, using simple language based on the

pleadings and the pretrial order and avoiding use of t echnical terms and words such as

"allege" or "contend." Each statement s hould include reference to time, place, and

circumstances.]. For example:

OUJI 3d (Rev. 2009) Chapter 2

[Plaintiff] claims that [he/she] sustained injuries which were directly caused by

the negligence of [Defendant] in one or more of the following respects:

A. In failing to keep a careful lookout;

B. In driving to the left of the center of the road.

[Defendant] claims:

[Describe the defendant's denials and affirmative defenses.] For example:

[Defendant] denies that [he/she] was negligent in doing any of the things claimed

by [Plaintiff] and that [Plaintiff] was injured, and for an additional defense claims that

[Plaintiff] was contributorily negligent, which contribut ed to bringing about the

occurrence, in one or more the following respects:

A. In failing to keep a careful lookout;

B. In driving under the influence of intoxicating liquors.

As a counterclaim against [Plaintiff], [Defendant] further claims:

[State the essential elements of the counterclaim.].

As to the counterclaim, [Plaintiff] claims:

[Describe the plaintiff's denials and affirmative defense to counterclaim.].

These are the issues you are to determine.