What happens to a permissive counterclaim after the original claim is dismissed?
<p>Does the counterclaim survive when the original claim is dismissed, or are both dismissed at the same time/as part of the same action?</p>

<p>If the counterclaim does not survive dismissal, could the party still bring a separate claim against the opposing party?</p>

<p>There are two possibilities in the U.S. (which I am assuming in the absence of a specified jurisdiction since the terminology tracks U.S. terminology):</p>

<ol>
<li><p>If you are in federal court where the original claim was necessary to create subject-matter jurisdiction and the permissive counterclaim did not suffice to create subject-matter jurisdiction on its own, the permissive counterclaim would be dismissed without prejudice and could be brought as a separate claim in state court. The most common sources of subject-matter jurisdiction in federal court are a "federal question" and "diversity of citizenship" with more than $75,000 in controversy.</p></li>
<li><p>If you are in state court, or if you are in federal court and the permissive counterclaim is sufficient to create subject-matter jurisdiction on its own, then the counterclaim is not dismissed and continues on until the case is resolved. </p></li>
</ol>

civil-procedure litigation