(a) Compulsory 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 the 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 this Rule 13.
Rule 13.Counterclaim and Cross-Claim.
Last amended July 15, 1994 · Last verified July 6, 2026
In one sentenceRule 13 requires a defendant to bring any counterclaim arising from the same transaction as the plaintiff's claim or lose it, allows unrelated counterclaims and cross-claims against co-parties on a permissive basis, and lets courts consolidate related counterclaim and cross-claim disputes into a single judgment.
Full Text of Rule 13
(b) Permissive 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 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 the State. These rules shall not be construed to enlarge beyond the limits now fixed by law the right to counterclaims or to claim credits against the state 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 a pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
(f) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence or excusable neglect or when justice requires, the pleader may by leave of court set up the counterclaim by amendment.
(g) Cross-Claim Against Co-Party. 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 aimed is or may be liable to the cross- claimant for all or part of a claim asserted in the action against the cross-claimant.
(i) Separate Trials—Separate Judgment. If the court orders separate trials as provided in Rule 42(b), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54(b) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; and by SCO 1153 effective July 15, 1994)
Plain-English Summary
If a claim arises out of the same transaction or occurrence as the opposing party's claim, and doesn't need absent third parties the court can't reach, a pleader must raise it as a counterclaim or lose the right to bring it later — unless the claim was already the subject of another pending action, or the opposing party sued by attachment without the court gaining jurisdiction to enter a personal judgment. Unrelated claims may still be raised as permissive counterclaims, and a counterclaim can seek more, or something different in kind, than what the opposing party is asking for. Alaska law limits how far a counterclaim can go against the state itself, and a claim that matures or is acquired only after a pleading is served can still come in later, by supplemental pleading with the court's permission.
A party who misses a counterclaim through oversight or excusable neglect, or when justice otherwise requires, may add it later by amendment. Rule 13 also covers cross-claims: a claim by one party against a co-party, arising from the same transaction as the original action or an existing counterclaim, including a claim that the co-party may owe the cross-claimant for part of what the cross-claimant itself owes. Rules 19 and 20 govern adding new parties to a counterclaim or cross-claim, and when the court orders separate trials under Rule 42(b), it can still enter judgment on a counterclaim or cross-claim under Rule 54(b) even after the original claims are gone.
Frequently Asked Questions
What is a "compulsory" counterclaim under Alaska’s rules?
A claim arising from the same transaction or occurrence as the opposing party’s claim that doesn’t require third parties the court can’t reach — a party who has one must raise it in the pending case or generally lose the right to bring it separately.
Can I bring an unrelated claim against the person suing me?
Yes — Rule 13(b) allows a permissive counterclaim even if it has nothing to do with the transaction behind the plaintiff’s claim.
What if I forgot to raise my counterclaim?
Under (f), a court may allow a counterclaim missed through oversight, inadvertence, excusable neglect, or when justice requires it to be added later by amendment.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 13). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: compulsory counterclaim Alaskacross-claim against co-partypermissive counterclaim Alaskaomitted counterclaim amendmentAlaska R. Civ. P. 13