WA · rules
Wash. Super. Ct. Civ. R. 13
Counterclaim and Cross Claim
(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 of 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 the pleader’s 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.
(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) Counterclaim Against the State. These rules shall not be construed to enlarge beyond
the limits now fixed by law the right to assert counterclaims, or to claim credits against the State
or an officer or agency thereof.
(e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured
or was acquired by the pleader after serving the 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, the pleader may by leave
of court set up the counterclaim by amendment.
(g) Cross Claim Against Coparty. A pleading may state as a cross claim any claim by
one party against a coparty 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) 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.
(i) 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), even if the claims of the opposing party have been dismissed or otherwise
disposed of.
(j) Setoff Against Assignee. The defendant in a civil action upon a contract express or
implied, other than upon a negotiable promissory note or bill of exchange, negotiated in good
faith and without notice before due, which has been assigned to the plaintiff, may set off a
demand of a like nature existing against the person to whom the defendant was originally liable,
or any assignee prior to the plaintiff, of such contract, provided such demand existed at the time
of the assignment thereof, and belonging to the defendant in good faith, before notice of such
assignment, and was such a demand as might have been set off against such person to whom the
defendant was originally liable, or such assignee while the contract belonged to defendant.
(k) Other Setoff Rules. [Reserved. See RCW 4.32.120 through 4.32.150 and
RCW 4.56.050 through 4.56.075.]
History
[Adopted effective July 1, 1967; Amended effective April 28, 2015.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
82b122ab1e77ed0c1d7cd9c6b6c6ee22e045612f402b2995add76b9a2fe9e00a
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