W.R.C.P. 13

(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:

(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) Counterclaim Against the State. — These rules do not expand the right

to assert a counterclaim — or to claim a credit — against the state or against

a county, municipal corporation or other political subdivision, public corporation, or any officer or agency thereof.

(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) 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) 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.