Miss. R. Civ. P. 13

(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 over 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 his 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; or

(3) the opposing party’s claim is one which an insurer is defending.

In the event an otherwise compulsory counterclaim is not asserted in reliance upon any

exception stated in paragraph (a), re-litigation of the claim may nevertheless be barred by the

doctrines of res judicata or collateral estoppel by judgment in the event certain issues are

determined adversely to the party electing not to assert the claim.

(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) Counterclaims Against the State of Mississippi. These rules shall not be

construed to enlarge beyond the limits fixed by law the right to assert counterclaims or to

claim credits against the State of Mississippi, a political subdivision, or an officer in his

representative capacity or agent of either.

(e) Counterclaim Maturing or Acquired After Pleading. A claim which either

matured or was acquired by the pleader after serving his 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 in the

answer, the pleader may amend the answer to include a counterclaim in accordance with

M.R.C.P. 15.

(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

the claim asserted in the action against the cross-claimant.

(h) Claims Exceeding Court’s Jurisdiction. Upon the filing in the county court by

any party of a counterclaim or cross-claim which exceeds the jurisdictional limits of that

court, and upon the motion of all parties filed within twenty days after the filing of such

counterclaim or cross-claim, the county court shall transfer the action to the circuit or

chancery court wherein the county court is situated and which would otherwise have

jurisdiction.

(i) 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.

(j) 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 parties have been dismissed or otherwise disposed of.

(k) Appealed Actions. When an action is commenced in the justice court or in any

other court which is not subject to these rules and from which an appeal for a trial de novo

lies to a court subject to these rules, any counterclaim made compulsory by subdivision (a)

of this rule shall be stated as an amendment to the pleading within thirty days after such

appeal has been perfected or within such further time as the court may allow; and other

counterclaims and cross-claims shall be permitted as in an original jurisdiction action. When

a counterclaim or cross-claim is asserted by a defendant in such an appealed case, the

defendant shall not be limited in amount to the jurisdiction of the lower court but shall be

permitted to claim and recover the full amount of its claim irrespective of the jurisdiction of

the lower court.