Fed. R. Civ. P. 13 — Counterclaim and Crossclaim

Federal Rules of Civil Procedure

Rule 13 — Counterclaim and Crossclaim

Fed. R. Civ. P. 13

Rule13

TITLE IIIPLEADINGS AND MOTIONS

CitationFed. R. Civ. P. 13

Fed. R. Civ. P. 13 (Counterclaim and Crossclaim) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Civ. P. 13.

Text

(a)COMPULSORYCOUNTERCLAIM.

(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 jurisdic- tion over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.

(b)PERMISSIVE COUNTERCLAIM. A pleading may state a

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(a) COMPULSORYCOUNTERCLAIM.
(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 jurisdic-
tion 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 coun-
terclaim against an opposing party any claim that is not compul-
sory.
(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 AGAINST THE UNITED STATES. These rules do
not expand the right to assert a counterclaim—or to claim a cred-
it—against the United States or a United States officer or agency.
(e) COUNTERCLAIM MATURING OR ACQUIRED AFTER PLEADING. The
court may permit a party to file a supplemental pleading assert-
ing a counterclaim that matured or was acquired by the party
after serving an earlier pleading.
(f) [ABROGATED.]
(g) 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 as-
serted in the action against the crossclaimant.
(h) JOINING ADDITIONAL PARTIES. Rules 19 and 20 govern the addi-
tion of a person as a party to a counterclaim or crossclaim.
(i) SEPARATE TRIALS; SEPARATE JUDGMENTS. If the court orders
separate trials under Rule 42(b), it may enter judgment on a coun-
terclaim 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.

Advisory Committee Notes

(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.)