Fed. R. Civ. P. 13 — Counterclaim and Crossclaim
Plain English
Rule 13 controls when the defendant can — or must — sue back. A compulsory counterclaim is one that arises out of the same transaction or occurrence as the plaintiff’s claim; if you have one and you don’t raise it in this case, you lose it forever. A permissive counterclaim is any other claim you have against the opposing party — you may bring it, but you don’t have to. The rule also covers crossclaims between co-parties (for example, two defendants pointing fingers at each other) when the claim arises from the same underlying dispute. The big practical trap is the compulsory counterclaim: miss it and it’s gone.
Key Cases & Authority
- Fed. R. Civ. P. 13(a) — A counterclaim arising from the same transaction or occurrence is compulsory; failing to plead it generally bars asserting it later in a separate action.
- Fed. R. Civ. P. 13(g) — A crossclaim against a co-party is permitted when it arises out of the same transaction or occurrence, or relates to property that is the subject of the action.
- Fed. R. Civ. P. 15 — After the 2009 deletion of former Rule 13(f), adding an omitted counterclaim is governed by the ordinary amendment standard in Rule 15.
Florida Parallel
Florida’s parallel is Fla. R. Civ. P. 1.170 — Counterclaims and Crossclaims.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Rule 13 distinguishes compulsory counterclaims (same transaction or occurrence — waived if not pleaded) from permissive counterclaims, and authorizes crossclaims against co-parties arising from the same dispute.