RI · rules
R.I. Dist. Ct. R. Civ. P. 13
Counterclaim and Cross-claim
(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
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.