FL · rules
Fla. Fam. L. R. P. 12.170
Counterpetittions and Crossclaims
(a) Compulsory Counterpetitions. A pleading must state as
a counterpetition any claim which at the time of serving the
pleading the pleader has against any opposing party, provided 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 over whom the court
cannot acquire jurisdiction. But the pleader need not state a 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 that party’s claim by attachment or other process by
which the court did not acquire jurisdiction to render a personal
judgment on the claim and the pleader is not stating a
counterpetition under this rule.
(b) Permissive Counterpetition. A pleading may state as a
counterpetition 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 established by law the
right to assert counterclaims or to claim credits against the state or
any of its subdivisions or other governmental organizations of the
state subject to suit or against a municipal corporation or against
an officer, agency, or administrative board of the state.
(e) Counterclaim Maturing or Acquired after Pleading. A
claim which matured or was acquired by the pleader after serving
the pleading may be presented as a counterpetition by
supplemental pleading with the permission of the court.
(f) Omitted Counterclaim or Crossclaim. When a pleader
fails to set up a counterclaim or crossclaim through oversight,
inadvertence, or excusable neglect, or when justice or equity
requires, the pleader may set up the counterclaim or crossclaim by
amendment with leave of the court.
(g) Crossclaim Against Co-Party. A pleading may state as a
crossclaim any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter of either
the original action or a counterclaim within the original action, or
relating to any property that is the subject matter of the original
action. The crossclaim may include a claim that the party against
whom it is asserted is or may be liable to the crossclaimant for all
or part of a claim asserted in the action against the crossclaimant.
Service of a crossclaim on a party who has appeared in the action
must be made under rule 12.080. Service of a crossclaim against a
party who has not appeared in the action must be made in the
manner provided for service of summons.
(h) Additional Parties May Be Brought In. When the
presence of parties other than those to the original action is
required to grant complete relief in the determination of a
counterclaim or crossclaim, they must be named in the
counterpetition or crossclaim and be served with process and will
be parties to the action thereafter if jurisdiction of them can be
obtained and their joinder will not deprive the court of jurisdiction
of the action. Rules 12.250(b) and (c) apply to parties brought in
under this subdivision.
(i) Separate Trials; Separate Judgment. If the court orders
separate trials, a judgment on a counterclaim or crossclaim may be
rendered when the court has jurisdiction to do so even if a claim of
the opposing party has been dismissed or otherwise disposed of.
History
Committee Notes 2012 Amendment. This rule is amended to provide for service in accordance with Florida Rule of Judicial Administration 2.516.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
334011a9d5863bf147a8b076aadc255d34816580b6f5c2cc8294c431a088102f
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