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Alaska R. Civ. P. 13

Counterclaim and Cross—Claim

activein force · 1994-07-15 – presentact-effective-date

(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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