(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim which, at the time of filing 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 his 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 February 1, 1991 · Last verified July 13, 2026
In one sentenceRule 13 tells a party when it must raise a counterclaim against an opposing party or lose it, when it may raise one anyway, and how a claim against a co-party becomes a cross-claim.
Full Text of Rule 13
(b) Permissive Counterclaim. 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 Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after filing his pleading shall be presented as a counterclaim by supplemental pleading, provided that if such counterclaim matures or is acquired after all issues are joined, it may be asserted by the pleader in a separate action.
(f) 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 which is the subject matter either of the original action or of a counterclaim therein or relating to any property which is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
(h) Separate Trials; Separate Judgments. 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
Amended December 10, 1990, effective February 1, 1991.
Reporter's Notes
Reporter’s Notes to Rule 13: 1. With the exception of one minor wording change, Sections (a) and (b) are otherwise identical to FRCP 13(a) and (b). The word "serving" found in the Federal Rule is omitted and the word "filing" is substituted therefor. These sections abolish the strict compulsory counterclaim rule in Arkansas as codified in superseded Ark. Stat. Ann. § 27-1121 (Repl. 1962). Under this and the Federal Rule, the only counterclaims which are compulsory are those which arise out of the same transaction or occurrence. Otherwise, a counterclaim is permissive.
2. Section (c) is identical to FRCP 13(c) and does not change Arkansas law.
3. Section (d) of the Federal Rule is eliminated inasmuch as these rules cannot enlarge one’s right to assert a counterclaim against the United States or any officer or agent thereof.
4. Section (d) is a revision of FRCP 13(e) and recognizes those rare occasions where a counterclaim arises after pleadings are served.
5. Section (e) is a revision of FRCP 13(f). Under the Federal Rule, delay in asserting a counterclaim may be fatal to one’s right to assert such claim. Frank Adam Electric Co. v. Westinghouse Electric & Mfg. Co., 146 F. 2d 165 (C.C.A. 8th, 1945). This section follows superseded Ark. Stat. Ann. § 27-1160 (Supp. 1975), by permitting a counterclaim to be asserted by amended pleading as any other amendment, subject to the conditions of Rule 15.
6. Section (e) is identical to FRCP 13(g). It follows the intent of superseded Ark. Stat. Ann. § 27- 1134.1 (Supp. 1975) by making such claims permissive rather than mandatory.
7. Section (g) follows FRCP 13(h) by allowing other parties to be brought in under the conditions of Rules 19 and 20. This is essentially what was permitted under superseded Ark. Stat. Ann. § 27-1134.2 (Supp. 1975).
8. Rule 42(b) gives the court discretion to grant separate trials where two or more competing claims would otherwise have to be tried together. Section (h) of Rule 13, which is identical to Section (i) of the Federal Rule, answers any possible argument that the claim tried last would be barred by res judicata by reason of the first claim having been reduced to judgment or dismissed.
Addition to Reporter’s Note, 1990 Amendment: The amendment deletes the last sentence of subdivision (c), which provided that "[i]n the event the amount asserted in the counterclaim exceeds the monetary jurisdiction of the court in which it is filed, the matter shall be transferred to a court of competent jurisdiction to hear the full extent of the claim and counterclaim." This provision created confusion, since the state courts of general jurisdiction do not have monetary jurisdictional limits. While inferior courts have such limits, counterclaims in those courts are governed by Rule 7 of the Inferior Court Rules [now District Court Rules].
Plain-English Summary
Rule 13(a) draws the line between claims a party must bring and claims it may bring. A counterclaim is compulsory, and has to be raised in the pleading, if it arises out of the same transaction or occurrence as the opposing party's claim and does not require joining a third party the court cannot get jurisdiction over. There are narrow exceptions: a pleader does not have to state the claim if it was already the subject of another pending action when this suit started, or if the opposing party obtained only a limited form of jurisdiction, through attachment or similar process, that would not support a personal judgment on the counterclaim, and the pleader is not seeking a personal judgment either. Anything that does not arise from the same transaction or occurrence is a permissive counterclaim under Rule 13(b), meaning a party may raise it here or save it for a separate lawsuit.
A counterclaim does not have to mirror the size or shape of the opposing claim. Rule 13(c) allows it to exceed the opposing party's demand or to seek relief different in kind. Rule 13(d) covers claims that come into existence, or into the pleader's hands, after the original pleading was filed: those get added by supplemental pleading, though a claim that matures after all issues are joined may instead be pursued as a separate action. If a party forgets to raise a counterclaim it should have included, Rule 13(e) allows it to be added later by amended or supplemental pleading, subject to the standards in Rule 15 rather than being lost outright.
Rule 13(f) is the cross-claim provision: one party may assert a claim against a co-party arising from the same transaction or occurrence as the original action or a counterclaim in it, or relating to property that is the subject of the action, including a claim that the co-party is or may be liable for all or part of a claim already asserted against the cross-claimant. Cross-claims are always permissive, never compulsory, under Arkansas practice. Rule 13(g) allows new parties to be joined to a counterclaim or cross-claim under the standards in Rules 19 and 20, and Rule 13(h) confirms that when the court orders separate trials under Rule 42(b), a judgment can still be entered on a counterclaim or cross-claim under Rule 54(b) even if the opposing party's original claims have already been dismissed or otherwise resolved.
Frequently Asked Questions
What is the difference between a compulsory and a permissive counterclaim?
A counterclaim is compulsory under Rule 13(a) when it arises from the same transaction or occurrence as the opposing party's claim and does not require joining someone the court lacks jurisdiction over; it must be raised in the pleading or it is generally lost. A counterclaim that does not arise from that same transaction or occurrence is permissive under Rule 13(b) and may be raised here or pursued separately.
What happens if I forget to raise a compulsory counterclaim?
Rule 13(e) allows an omitted counterclaim to be added by amended or supplemental pleading, but that addition is subject to the standards governing amendments under Rule 15, so it is not automatic and the court has discretion over whether to allow it.
Can I bring a claim against a co-defendant instead of the plaintiff?
Yes, through a cross-claim under Rule 13(f), so long as the claim arises from the same transaction or occurrence as the original action or a counterclaim in it, or relates to property that is the subject of the action. This can include a claim that the co-party is liable for all or part of what the cross-claimant is already accused of.
Can a counterclaim ask for more than the plaintiff is suing for?
Yes. Rule 13(c) allows a counterclaim to exceed the amount, or differ in kind, from the relief the opposing party is seeking, and it does not have to diminish or defeat the opposing party's recovery to be valid.
What if my counterclaim doesn't exist yet when I file my answer?
Rule 13(d) covers claims that mature or are acquired after the pleading is filed. They can be added by supplemental pleading, but if the claim matures only after all issues in the case are joined, the pleader may instead bring it as a separate action.
Can new parties be added to a counterclaim or cross-claim?
Yes. Rule 13(g) allows parties beyond those already in the case to be joined to a counterclaim or cross-claim, following the joinder standards in Rules 19 and 20.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: compulsory counterclaim arkansaspermissive counterclaim arkansascross-claim rule arkansascounterclaim deadline arkansasarkansas rule 13