Rule 13.Counterclaim and Cross-Claim

Last amended July 1, 1971 · Last verified July 1, 2026

In one sentenceRule 13 requires a party to bring any counterclaim tied to the opposing party's claim or lose it, leaves every other counterclaim and any cross-claim against a co-party optional, and sends the whole case up to the court of common pleas if a counterclaim, cross-claim, or third-party claim exceeds the court's jurisdiction.

Full Text of Rule 13

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J)

(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 his 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 13.

(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.

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 this 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 this state, a political subdivision or an officer in his representative capacity or agent of either.

(E) Counterclaim maturing or acquired after pleading

A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleadings.

(F) Omitted counterclaim

When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment.

(G) Cross-claim against co-party

A pleading may state as a cross-claim any claim by one party against a co-party 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 Rule 19, Rule 19.1, and Rule 20. Such persons shall be served pursuant to Rule 4 through Rule 4.6.

(I) Separate trials; separate judgments

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) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.

(J) Certification of proceedings

In the event that a counterclaim, cross-claim, or third-party claim exceeds the jurisdiction of the court, the court shall certify the proceedings in the case to the court of common pleas.

End

Amendment History

Effective Date: July 1, 1970

Amended: July 1, 1971

Plain-English Summary

Division (A) makes a counterclaim compulsory when it arises out of the same transaction or occurrence as the opposing party's claim and does not need a third party the court cannot reach — a party who fails to raise that kind of claim generally forfeits it. Division (B) leaves every other counterclaim permissive, free to assert or hold back as the pleader chooses. Division (C) lets a counterclaim exceed or differ in kind from the relief the opposing party seeks, and division (D) makes clear the rule does not expand any existing right to counterclaim against the state, a subdivision, or an officer acting in a representative capacity.

A claim that matures or is acquired after the pleader's answer is served may still be added, with the court's permission, under division (E); one left out by oversight, inadvertence, excusable neglect, or where justice requires can be added later by amendment under division (F). Division (G) lets any party bring a cross-claim against a co-party arising from the same transaction or occurrence as the original action, or relating to property at issue in it, including a claim that the co-party is or may be liable for all or part of a claim already asserted against the cross-claimant.

Division (H) allows new parties to be joined to a counterclaim or cross-claim under Rule 19, 19.1, or 20, served the same way as an original defendant. Division (I) lets the court enter judgment on a counterclaim or cross-claim separately when it orders separate trials, even if the opposing party's own claims have already been resolved. Division (J) requires the court to certify the entire case to the court of common pleas whenever a counterclaim, cross-claim, or third-party claim exceeds the court's jurisdiction.

Frequently Asked Questions

What makes a counterclaim compulsory instead of permissive?

A counterclaim is compulsory under Rule 13(A) when it arises out of the same transaction or occurrence as the opposing party’s claim and its resolution does not require a third party the court cannot bring in. A party who does not raise that kind of claim generally cannot bring it later in a separate suit.

What happens if a counterclaim exceeds the court’s monetary jurisdiction?

Rule 13(J) requires the court to certify the entire proceeding — not just the counterclaim — to the court of common pleas, which does have jurisdiction over the larger claim.

Can a cross-claim bring in a new party who was not part of the original lawsuit?

Yes. Rule 13(H) allows a party asserting a counterclaim or cross-claim to join additional parties under Rule 19, 19.1, or 20, served the same way an original defendant would be served.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 13). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: counterclaimscross-claimscompulsory counterclaimpermissive counterclaim