RulesofCivilProcedure.com Civil Procedure · Every State

Rule 13.Counterclaim and Cross-Claim

Part III: Pleadings and Motions · Last amended 1969 · Last verified July 16, 2026

In one sentenceRule 15-6-13 distinguishes mandatory counterclaims (arising from the same transaction as the opposing party’s claim) from permissive ones, allows counterclaims exceeding the opposing claim in amount or kind, permits cross-claims between co-parties, and lets additional parties be joined to a counterclaim or cross-claim when needed.

Full Text of Rule 15-6-13

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

(a) Mandatory 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 § 15-6-13; or
(3) if the claim is not one over which the court would have jurisdiction if brought as an original action.
(b) Permissible 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 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 State of South Dakota. This chapter 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 of South Dakota 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 his pleading may, with the permission of the court, be presented as a counterclaim by a supplemental pleading.
(g) Cross-claims. 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 §§ 15-6-19 and 15-6-20.
(i) Separate judgments on counterclaims or cross-claims. If the court orders separate trials as provided in § 15-6-42(b) judgment on counterclaim or cross-claim may be rendered in accordance with the terms of § 15-6-54(b), when the court has jurisdiction so to do, even if the claims of the opposing parties have been dismissed or otherwise disposed of.
End

Note: (f) Omitted counterclaim.

Plain-English Summary

Rule 15-6-13 sorts counterclaims into two categories with different consequences for waiting too long. Subdivision (a) makes a counterclaim mandatory — meaning it must be raised in the pending case or effectively lost — when it arises out of the same transaction or occurrence as the opposing party’s claim and does not require joining third parties the court cannot reach. That mandatory rule has exceptions: a claim already the subject of another pending action, a claim in a case where the court never acquired jurisdiction to enter a personal judgment, or a claim outside the court’s jurisdiction if it had been brought as its own action need not be pleaded. Subdivision (b) covers everything else — a permissive counterclaim can be brought even when it has nothing to do with the transaction underlying the opposing party’s claim.

Subdivision (c) confirms that a counterclaim is not limited by the size or shape of the claim it responds to; it can exceed the opposing party’s claim in amount or seek an entirely different kind of relief. Subdivision (d) preserves existing statutory limits on counterclaims against the State of South Dakota rather than expanding them. Subdivision (e) allows a claim that matures or is acquired only after the pleader’s original pleading was served to be added later as a counterclaim through a supplemental pleading, with the court’s permission.

The later subdivisions extend similar logic to co-parties and additional parties. Subdivision (g) allows a cross-claim between co-parties — one defendant against another, for example — arising from the same transaction or occurrence as the original action or a counterclaim in it, or relating to the same property, including a claim that the cross-defendant is or may be liable for all or part of a claim already asserted against the cross-claimant. Subdivision (h) allows new parties to be joined to a counterclaim or cross-claim under the joinder rules in Rules 15-6-19 and 15-6-20. Subdivision (i) allows separate judgment on a counterclaim or cross-claim, consistent with Rule 15-6-54(b), even if the original claims between the opposing parties have been dismissed or otherwise resolved.

Frequently Asked Questions

When is a counterclaim mandatory in a South Dakota case rather than optional?

Rule 15-6-13(a) makes a counterclaim mandatory when, at the time the pleading is served, it arises out of the same transaction or occurrence as the opposing party’s claim and does not require joining third parties the court cannot reach, subject to the exceptions listed in the rule.

Can I file a counterclaim that has nothing to do with the plaintiff’s claim against me?

Yes. Rule 15-6-13(b) allows a permissive counterclaim that does not arise from the same transaction or occurrence as the opposing party’s claim.

Can my counterclaim seek more money or different relief than what the plaintiff is asking for?

Yes. Rule 15-6-13(c) allows a counterclaim to exceed the opposing party’s claim in amount or seek relief different in kind, and it need not diminish or defeat the opposing party’s recovery.

What is a cross-claim and who can bring one?

Rule 15-6-13(g) allows a party to bring a cross-claim against a co-party, arising out of the same transaction or occurrence as the original action or a counterclaim in it, or relating to property that is the subject of the action, 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.

Can I bring in someone who isn’t already a party to answer my counterclaim?

Yes. Rule 15-6-13(h) allows additional parties to be joined to a counterclaim or cross-claim under the joinder provisions of Rules 15-6-19 and 15-6-20.

Amendment History

(a)SDC 1939 & Supp 1960, § 33.0911; SD RCP, Rule 13 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(b)SDC 1939 & Supp 1960, § 33.0911; SD RCP, Rule 13 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(c)SD RCP, Rule 13 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(d)SD RCP, Rule 13 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(e)SD RCP, Rule 13 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(g)SDC 1939 & Supp 1960, § 33.0912; SD RCP, Rule 13 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(h)SD RCP, Rule 13 (h), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
(i)SD RCP, Rule 13 (i), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, § 1.
Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source
Also known as: mandatory versus permissive counterclaim south dakotacross claim rule sdcounterclaim exceeding plaintiffs claimjoining parties to a counterclaim south dakotasd rule 13 counterclaims