Rule 13

Question 1

Rule 13

Answer 1

Counterclaim and Crossclaim

Question 2

Rule 13 (a)(1)(A)(B)

Answer 2

(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.

Question 3

Rule 13 (b)

Answer 3

(b) Permissive Counterclaim. A pleading MAY state as a counterclaim against an opposing party any claim that is not compulsory.

Question 4

Rule 13 (g)

Answer 4

(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.

Question 5

Rule 13 (g)

Answer 5

(h) Joining Additional Parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.