K.S.A. 60-213.Counterclaims and cross-claims

Last amended July 1, 2010 · Last verified July 28, 2026

In one sentenceK.S.A. 60-213 requires a party to raise any counterclaim arising from the same transaction as the opposing party's claim, allows unrelated counterclaims and crossclaims against co-parties on a permissive basis, and sets rules for the relief a counterclaim can seek, its survival past death or a limitations period, and its timing.

Full Text of K.S.A. 60-213

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

(a) Compulsory counterclaims.

(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 section.

(b) Permissive counterclaims. 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) Effect of death or limitations. If a party's claim arises out of the contract or transaction that is the basis of an opposing party's claim or is connected with the subject of the action and it could have been asserted as a counterclaim or crossclaim against a person if the person had asserted a claim against the party previously, the party's claim is not extinguished by:

(i) An assignment by the person;

(ii) the death of the person; or

(iii) the expiration of the statute of limitations. However, the party's claim may be asserted in these circumstances only to the extent that it does not exceed the amount awarded to the opposing party.

(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) Compulsory crossclaim against a co-party. When a claim is governed by K.S.A. 60-258a, and amendments thereto, a party must state as a crossclaim any claim that party has against any co-party, if the claim arises out of the transaction or occurrence that is the subject matter of the claim governed by K.S.A. 60-258a, and amendments thereto.

(g) Permissive crossclaim against a co-party. A pleading may state as a crossclaim any claim by one party against a co-party, 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 co-party 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. K.S.A. 60-219 and 60-220, and amendments thereto, 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 subsection (b) of K.S.A. 60-242, and amendments thereto, it may enter judgment on a counterclaim or crossclaim under subsection (b) of K.S.A. 60-254, and amendments thereto, when it has jurisdiction to do so, even if the opposing party's claims have been dismissed or otherwise resolved.

(j) Appealed and removed actions. When an action filed pursuant to chapter 61 of the Kansas Statutes Annotated is transferred as provided in K.S.A. 61-2910, and amendments thereto, or an action heard by a district magistrate judge is appealed, any counterclaim or crossclaim made compulsory by subsection (a) or (f) must be stated in an amended pleading within 21 days after service of the order of transfer or notice of appeal, or such other time as the court allows. Other counterclaims and crossclaims are permitted as provided in this chapter.

End

Amendment History

L. 1963, ch. 303, 60-213; amended by Supreme Court order dated July 17, 1969; L. 1976, ch. 251, § 3; L. 1986, ch. 115, § 90; L. 1986, ch. 215, § 2; L. 1986, ch. 215, § 3; L. 2000, ch. 161, § 110; L. 2010, ch. 135, § 80; July 1.

Plain-English Summary

Subsection (a) makes a counterclaim compulsory when it arises out of the same transaction or occurrence as the opposing party's claim and doesn't require adding a party the court can't reach. Miss that one and you generally can't bring it later in a separate suit. Two exceptions let a pleader hold the claim back: if it was already the subject of another pending action when this one was commenced, or if the opposing party sued by attachment or similar process that never gave the court personal jurisdiction over the pleader on that claim, provided the pleader doesn't assert any counterclaim at all in this action.

Subsection (b) covers everything else -- a party may state any other counterclaim against an opposing party as a permissive counterclaim, whether or not it's related to the claim it answers. Subsection (c) frees a counterclaim from having to offset the opposing party's recovery: it can seek more money or a different kind of relief entirely. Subsection (d) protects a related claim from being wiped out by an assignment, the other party's death, or the running of a limitations period, so long as it could have been brought as a counterclaim or crossclaim if that party had sued first -- though recovery on it is capped at whatever was awarded to the opposing party. Subsection (e) lets a party bring in a counterclaim that matured or was acquired after the original pleading was filed, by supplemental pleading with the court's permission.

Crossclaims against a co-party follow their own logic in subsections (f) and (g). When a claim is governed by the comparative-fault procedure in K.S.A. 60-258a, a related crossclaim against a co-party is compulsory. Otherwise a crossclaim is permissive whenever it arises from the same transaction or occurrence as the original action or a counterclaim, or relates to property that's the subject of the action, and it can include a claim that the co-party owes all or part of whatever the crossclaimant might owe. Subsection (h) sends the question of adding new parties to a counterclaim or crossclaim to K.S.A. 60-219 and 60-220, and subsection (i) says that when the court has ordered separate trials under K.S.A. 60-242(b), it may enter judgment on a counterclaim or crossclaim under K.S.A. 60-254(b) even though the opposing party's own claims have been dismissed or otherwise resolved, if it has jurisdiction to do so.

Frequently Asked Questions

What makes a counterclaim compulsory rather than permissive in Kansas?

Under subsection (a), a counterclaim is compulsory if it arises out of the same transaction or occurrence as the opposing party's claim and doesn't require joining someone the court lacks jurisdiction over. A counterclaim that doesn't meet both conditions is permissive under subsection (b) and can be brought or left out at the pleader's choice.

Does my counterclaim have to seek the same type or amount of relief as the original claim?

No. Subsection (c) states a counterclaim need not diminish or defeat the opposing party's recovery, and it can request relief exceeding the opposing party's demand in amount or differing from it in kind.

Can the other side's death or the statute of limitations wipe out my related claim?

Not entirely. Subsection (d) preserves a claim arising from the same contract or transaction, or connected to the subject of the action, against an assignment, the other party's death, or an expired limitations period, provided it could have been asserted as a counterclaim or crossclaim. Recovery on it, though, is limited to the amount awarded against the pleader.

What is the difference between a crossclaim and a counterclaim under this section?

A counterclaim under subsections (a) and (b) is a claim against an opposing party. A crossclaim under subsections (f) and (g) is a claim against a co-party, and it must relate to the same transaction, occurrence, or property at issue in the original action or a counterclaim.

Can I add a counterclaim I didn't have when I first answered?

Yes. Subsection (e) allows the court to permit a supplemental pleading asserting a counterclaim that matured or was acquired after the earlier pleading was served.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source

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