US · rules
Fed. R. Civ. P. 13
Counterclaim and Crossclaim
(a) COMPULSORY COUNTERCLAIM.
(1) In General. A pleading must state as a counterclaim any
claim that—at the time of its service—the pleader has against
an opposing party if the claim:
(A) arises out of the transaction or occurrence that is
the subject matter of the opposing party’s claim; and
(B) does not require adding another party over whom the
court cannot acquire jurisdiction.
(2) Exceptions. The pleader need not state the claim if:
22 Rule 14 FEDERAL RULES OF CIVIL PROCEDURE
(A) when the action was commenced, the claim was the
subject of another pending action; or
(B) the opposing party sued on its claim by attachment
or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does
not assert any counterclaim under this rule.
(b) PERMISSIVE COUNTERCLAIM. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
(c) RELIEF SOUGHT IN A COUNTERCLAIM. A counterclaim need not
diminish or defeat the recovery sought by the opposing party. It
may request relief that exceeds in amount or differs in kind from
the relief sought by the opposing party.
(d) C OUNTERCLAIM AGAINST THE UNITED STATES. These rules do
not expand the right to assert a counterclaim—or to claim a credit—against the United States or a United States officer or agency.
(e) COUNTERCLAIM MATURING OR ACQUIRED AFTER PLEADING. The
court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party
after serving an earlier pleading.
(f) [ABROGATED.]
(g) CROSSCLAIM AGAINST A COPARTY. A pleading may state as a
crossclaim any claim by one party against a coparty if the claim
arises out of the transaction or occurrence that is the subject
matter of the original action or of a counterclaim, or if the claim
relates to any property that is the subject matter of the original
action. The crossclaim may include a claim that the coparty is or
may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
(h) JOINING ADDITIONAL PARTIES. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.
(i) SEPARATE TRIALS; SEPARATE JUDGMENTS. If the court orders
separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to
do so, even if the opposing party’s claims have been dismissed or
otherwise resolved.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July
1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987;
Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-03
- Edition
- 2026-08-19
- Content hash
fa42992bdb5fe19c20598487720b20174e9be6dd59f2088440fa84bbeae068b5
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