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R.I. Dist. Ct. R. Civ. P. 13

Counterclaim and Cross-claim

activein force · 2024-02-01 – presentact-effective-date

(a) Compulsory Counterclaims.

Except in residential landlord/tenant actions, a pleading shall state as a counterclaim,

limited to the jurisdiction of the District Court, 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, except that such a claim need not be so stated if at the

time the action was commenced the claim was the subject of another pending action,

or if the opposing party's claim is for damage arising out of the ownership,

maintenance, operation, use, or control of a motor vehicle by the pleader. If the

counterclaim exceeds the jurisdiction of the District Court, it is not considered a

compulsory counterclaim.

(b) Permissive Counterclaims. A pleading may state as a counterclaim, limited

to the jurisdiction of the District Court, any claim against an opposing party.

(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) [Reserved.]

(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 through

oversight, inadvertence, or excusable neglect, or when justice requires, he 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) Additional Parties May Be Brought in. When the presence of parties other

than those to the original action is required for the granting of complete relief in the

determination of a counterclaim or cross-claim, the court shall order them to be

brought in as defendants as provided in these rules.

(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) even if the claims of the opposing party

have been dismissed or otherwise disposed of.

(j) Electronic Filing of Counterclaims and Cross-claims. When using the EFS,

all counterclaims and cross-claims shall be filed in accordance with Rule 1(b)(3).

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
a9a46902f16874a0809438bf21849b3de6d9c6e7e1931f7b1d1d289073fa2b11
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