(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon the claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 13.
(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim.
(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
(d) Counterclaim Against the United States. These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the United States or an officer or agency thereof.
(e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after serving a pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
(f) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment.
(g) Cross -Claim Against Co -Party. A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the crossclaimant.
(h) Joinder of Additional Parties. Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Rules 19 and 20.
(i) Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 42(b), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54(b) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
(a) Compulsory Counterclaims.
(1) In General. A pleading shallmust state as a counterclaim any claim which that-at the time of its serving the pleading ce-the pleader has against any opposing party, if ithe 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 for its adjudication the presence of third parties ofadding another party over whom the court cannot acquire jurisdiction. But t
(2) Exceptions. The pleader need not state the claim if (1) at the time:
(A) when the action was commenced, the claim was the subject of another pending action,; or (2
(B) the opposing party brought suit upon thesued on its claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgmentthat did not establish personal jurisdiction over the pleader on that claim, and the pleader idoes not statingassert any counterclaim under this Rrule 13.
(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim.
(c) Counterclaim Exceeding Opposing Cany claim that is not compulsory.
(c) Relief Sought in a Counterclaim. A counterclaim may or mayneed not diminish or defeat the recovery sought by the opposing party. It may claimrequest relief that exceedings in amount or differents in kind from that sought in the pleading ofe relief sought by the opposing party.
(d) Counterclaim Against the United States. These rules shall not be construed to enlarge beyond the limits now fixed by lawdo not expand the right to assert a counterclaims -or to claim a credits -against the United States or an United States officer or agency thereof.
(e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after serving a pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
(f) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice reThe court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquires,d by the pleader may by leave of court set up the counterclaim by amendment.arty after serving an earlier pleading.
(f) [Abrogated.]
(g) Cross -Cclaim Against a Co -Pparty. A pleading may state as a cross-claim any claim by one party against a co-party if the claim arisinges out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or, or if the claim relatinges to any property that is the subject matter of the original action. SuchThe cross-claim may include a claim that the coparty against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the crossclaimant.
(h) Joinder ofing Additional Parties. Persons other thaRules 19 and 20 govern those made parties to the original action may be madedition of a person as a partiesy to a counterclaim or cross-claim in accordance with the provisions of Rules 19 and 20.
(i) Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 42(b),under Rule 42(b), it may enter judgment on a counterclaim or cross-claim may be rendered in accordance with the terms ofunder Rule 54(b) when the courit has jurisdiction sto tdo dso, even if the claims of the opposing party’s claims have been dismissed or otherwise disposed ofresolved.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)