Rule 13 - Counterclaim and Cross-claim(a) Compulsory Counterclaim.(1)In General. A pleading must state as a counterclaim any claim that-at the time of its service-the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and(B) does not require adding another party over whom the court cannot acquire jurisdiction.(2)Exceptions. The pleader need not state the claim if:(A) when the action was commenced, the claim was the subject of another pending action; or(B) the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.(b) Permissive Counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.(c) Relief Sought in a Counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.(d) Counterclaim Maturing or Acquired After Pleading. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.(e) Crossclaim Against a Coparty. A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.(f) Joining Additional Parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.(g) Separate Trials; Separate Judgments. If the court orders separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to do so, even if the opposing party's claims have been dismissed or otherwise resolved.Amended May 31, 2024, effective 6/14/2024; amended July 12, 2024, effective 7/12/2024.Comment
In 2024, Rule 13 was revised to align its language in certain respects with Federal Rule of Civil Procedure 13 so that authorities interpreting the federal rule could be cited more easily as persuasive authority for the interpretation of Rule 13.
Revised Rule 13(b) deletes the phrase "not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim." A party may state as a permissive counterclaim a claim that arises out of the same transaction or occurrence as an opposing party's claim even if one of the exceptions in Rule 13(a) means the claim is not a compulsory counterclaim.
Prior Rule 13(g) was listed as "omitted." Revised Rule 13 omits that placeholder. The subsections that followed in the prior version have been re-lettered in sequence.
The revised rule omits Rule 13(f) as it appeared in the prior rule. Rule 15 governs amendments to add counterclaims. For amendments that require leave of Court, Rule 13(f) established arguably different requirements than Rule 15(a)(2). In practice, however, courts have interpreted the rules in parallel. The existence of Rule 13(f) as a separate rule therefore creates unnecessary uncertainty. See 6 Charles Alan Wright, Arthur R. Miller, & Mary Kay Kane, Federal Practice & Procedure: Civil §1430 (2d ed. 1990). Omitting Rule 13(f) eliminates any potential confusion. The subsections that followed in the prior version have been re-lettered in sequence.