ECL for caster with animate dead spell?

[Bane-Wordsmith]

A few players have made an enemy of a caster, and at some point in the future I would like them to encounter this person as a threat.
The caster is a little unhinged, but would certainly prepare before challenging them, and that includes their willingness to use Animate dead.

I'm a little stumped on how the ECL of the challenge should be measured. It's a level 8 caster, so CR8. But they can summon 32HD of undead. As that's an ability of the class, is that considered in the CR?
It just seems rough for them to be fighting say 2 Orgres and 8 human zombies as well dodging lightning bolts and whatnot from the caster.

What do you think?

[Doc_Maynot]

The animated Undead should be counted in the CR of the challenge. Ones summoned mid fight though? No.

[Zanos]

A creature with the ability to summon monsters does not increase the CR of the encounter by using that ability, since it should already be factored into the monsters CR. That's in the DMG, I think.

Stuff you create or bind into service does add to CR however. I'm guessing the rationale is that those effects are more permanent.

[Segev]

A creature with the ability to summon monsters does not increase the CR of the encounter by using that ability, since it should already be factored into the monsters CR. That's in the DMG, I think.

Stuff you create or bind into service does add to CR however. I'm guessing the rationale is that those effects are more permanent.

Essentially, if it costs an action and/or limited resources during the fight, or is something the creature can do on its own during the fight, it is already included in the CR of the creature. Summonings, dominations, charms, and the like are part of the monster's listed CR.

If it is something the monster does before the fight/in preparation, even if it theoretically cost resources that may not be recovered (like the GP cost of spells cast), then it is a separate part of the encounter.

This means that the Enchantress with her Charmed and Dominated bodyguards counts as her own CR plus those of her bodyguards as separate parts of the encounter. The Enchantress who casts dominate person on the barbarian and turns him on his allies has the power to do that included in her CR, and thus doesn't add the barbarian's CR to the encounter. The summoner who has a demon minion bound into his service adds the demon and his CR to the encounter. The summoner who summons a powerful monster with a spell has the power to do so counted as part of his CR.

The real distinguishing factor is whether the act of bringing the thing into the fight is a consumption of the creature's resources, or represents resources spent in the past. (The odd case of a creature which could, as a free action and at will once per round, summon something onto the battlefield, still would have that counted as part of its CR. But any it STARTED with already there probably would be added to the encounter. Because even there, the number it already has puts it "ahead" of how dangerous it should be "so far" in the combat.)