Rule 13.Counterclaim and Crossclaim

Last amended December 1, 2009 · Last verified June 30, 2026

In one sentenceRule 13 governs counterclaims and crossclaims: a compulsory counterclaim arising from the same transaction or occurrence as the opposing party’s claim must be pleaded or it is lost, while other counterclaims are permissive and crossclaims may be brought against co-parties.

Full Text of Rule 13

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(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 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.

End

Amendment History

(Amended December 27, 1946, effective March 19, 1948; January 21, 1963, effective July 1, 1963; February 28, 1966, effective July 1, 1966; March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009.)

Plain-English Summary

Rule 13 keeps related disputes in one case. A counterclaim is a claim back against an opposing party. It is compulsory — and must be raised in the pending action or forfeited — if it arises out of the same transaction or occurrence as the opposing party’s claim and does not require adding a party over whom the court lacks jurisdiction. Any other counterclaim is permissive: a party may raise it but need not.

The rule also allows a crossclaim against a co-party if it arises out of the same transaction or occurrence as the original action or relates to property at issue. Counterclaims and crossclaims let the court resolve the whole controversy together rather than in piecemeal suits.

Frequently Asked Questions

What is a compulsory counterclaim?

A claim against an opposing party that arises from the same transaction or occurrence as that party’s claim; it must be pleaded in the same action or it is generally lost (Rule 13(a)).

What is a crossclaim?

A claim against a co-party — for example, one defendant against another — arising out of the same transaction or occurrence as the original action (Rule 13(g)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 13), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 13Fed. R. Civ. P. 13counterclaimcrossclaimcompulsory counterclaim