Counterclaim

When the counterclaim is used

Timing: usually included with the answer. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• A counterclaim is compulsory if, at the time of its service, the pleader has it against an opposing party and it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require adding another party over whom the court cannot acquire jurisdiction (Rule 13(a)(1)). Other counterclaims are permissive (Rule 13(b)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 13(a)–(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The counterclaim in state court

This page covers the federal version. In state court, the counterclaim may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Counterclaim: a claim by a defending party against the party who sued it.

Related procedures

Similarly, these procedures often come up alongside it:

• Answer: the defendant's responsive pleading. It admits or denies the allegations of the complaint and states any defenses.
• Crossclaim: a claim by one party against a coparty — for example, one defendant against another defendant.
• Third-Party Complaint (Impleader): a defending party brings in a nonparty who is or may be liable to it for all or part of the claim against it.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.