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Rule 13. Counterclaimand crossclaim.

(a) Compulsory counterclaim.

(a)(1)A pleading must state as a counterclaim any claim that?at the time of itsservice?the pleader has against an opposing party if the claim:

(a)(1)(A)arises out of the transaction or occurrence that isthe subject matter of the opposing party's claim; and

(a)(1)(B)does not require adding another party over whom thecourt cannot acquire jurisdiction.

(a)(2)The pleader need not state the claim if:

(a)(2)(A)when the action was commenced, the claim was thesubject of another pending action, or

(a)(2)(B)the opposing party sued on its claim by attachment orother process that did not establish personal jurisdiction over the pleader onthat claim, and the pleader does not assert any counterclaim under this rule.

(b) Permissive counterclaim. Apleading may state as a counterclaim against an opposing party any claim thatis not compulsory.

(c) Relief sought in acounterclaim. A counterclaim need not diminishor defeat the recovery sought by the opposing party. It may request relief thatexceeds in amount or differs in kind from the relief sought by the opposingparty.

(d) Counterclaim maturing oracquired after pleading. The court may permit a party tofile a supplemental pleading assertinga counterclaim that matured or was acquired by the party after serving anearlier pleading.

(e) Crossclaimagainst coparty. Apleading may state as a crossclaim any claim by oneparty against a coparty if the claim arises out ofthe transaction or occurrence that is the subject matter of the original actionor of a counterclaim, or if the claim relates to any property that is thesubject matter of the original action. The crossclaimmay include a claim that the coparty is or may beliable to the crossclaimant for all or part of aclaim asserted in the action against the crossclaimant.

(f) Joining additional parties.Rules19and 20govern the addition of a person as a party to a counterclaim or crossclaim.

(g) Separate trials; separate judgments.Ifthe court orders separate trials under Rule 42,it may enter judgment on a counterclaim or crossclaimunder Rule 54(b)when it has jurisdiction to do so, even if the opposing party?s claims havebeen dismissed or otherwise resolved.

 

EffectiveNovember 1, 2016.