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Does your scheduling order have a deadline to file counterclaims?
If you want to add a counterclaim, it would have to be done by an amendment.....since you already filed an answer. So, you're going to need to file a motion for an extension of time to file a counterclaim.
If the judge grants the motion, you can then file a motion to amend your pleadings to add a counterclaim.
Yes, you can file a motion to extend the deadline to amend pleadings......and if the judge approves this motion, you can file a second motion to amend the pleadings.
You're not guaranteed that the judge will approve your request......but if there is no prejudice to the other side, then judge is likely to allow the request to extend the amendment deadline.
Well, you'll first have to ask the court to extend the deadline to amend the pleadings first.......since the deadline lapsed today. If the judge approves it, then you can file the motion to amend during the extension period.
Sure and good luck with this!