FEDERAL RULES OF CIVIL PROCEDURE
Articles III-Rule 13

FEDERAL RULES OF CIVIL PROCEDURE

ARTICLE III-PLEADINGS AND MOTIONS

Rule 13. Counterclaim and Cross-Claim

(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
cross-claimant.

(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.

Federal Rules of Civil Procedure Articles III  Rule 13. Counterclaim and Cross-Claim: Notes


Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules
Federal Civil Procedure-Volume-56-Table of Contents   
Articles III PLEADINGS AND MOTIONS-Table of Contents-Links To LII
 

Federal Rules of Civil Procedure Articles III  Rule 12. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings
Federal Rules of Civil Procedure Articles III  Rule 13. Counterclaim and Cross-Claim