AK · rules
Alaska R. Civ. P. 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 State. These rules shall
not be construed to enlarge beyond the limits now fixed by law
the right to counterclaims or to claim credits against the state
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 aimed 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 Judgment. 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.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; and by SCO 1153 effective July 15, 1994) Cross References (d) CROSS REFERENCE: AS 09.60.050; AS 09.50.250 (e) CROSS REFERENCE: AS 09.68.020
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
ecc6d7d3f328cc43aca814a38a5ebbb85975e9fa5d7e24888f85a270b15975b3
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