(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.
Rule 13.Counterclaim and cross-claim
Part III: Pleadings and Motions · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 13 requires a party to plead as a compulsory counterclaim any claim arising from the same transaction as the opposing party's claim, allows unrelated claims as permissive counterclaims, allows cross-claims against a coparty from the same transaction, and lets a court permit an omitted counterclaim by amendment.
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) Omitted.
(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 coparty. A pleading may state as a cross-claim any claim by one party against a coparty 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 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.
(i) 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 to so do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
Amendment History
Amended, effective Jan. 1, 1965; Jan. 1, 1967; Jan. 1, 1991.
Plain-English Summary
Rule 13(a) requires a pleading to state as a counterclaim any claim the pleader has against an opposing party at the time of serving the pleading, if that claim arises from the same transaction or occurrence as the opposing party's claim and doesn't require third parties the court can't get jurisdiction over. Two exceptions excuse a pleader from stating it: the claim was already the subject of another pending action when this one started, or the opposing party sued using attachment or similar process that didn't give the court personal jurisdiction, and the pleader isn't asserting any counterclaim at all. Rule 13(b) is broader -- a pleading may state as a permissive counterclaim any claim against an opposing party even if it has nothing to do with the transaction underlying the opposing party's claim.
Rule 13(c) confirms a counterclaim doesn't have to match or offset the opposing claim -- it can exceed the opposing claim in amount or seek relief of an entirely different kind. Rule 13(e) allows a claim that matured or was acquired after the pleader's own pleading was served to be presented as a counterclaim by supplemental pleading, with the court's permission. Rule 13(f) gives relief for an outright miss: when a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires it, the pleader may set it up later by amendment with leave of court.
Rule 13(g) lets a pleading state a cross-claim against a coparty -- a claim arising from the same transaction or occurrence as the original action or a counterclaim in it, or relating to property that's the subject of the original action, including a claim that the cross-claim defendant is or may be liable for all or part of a claim asserted against the cross-claimant. Rule 13(h) allows additional parties to be joined to a counterclaim or cross-claim under Rules 19 and 20, and Rule 13(i) lets the court enter judgment on a counterclaim or cross-claim under Rule 54(b) even after separate trials, so long as the court has jurisdiction to do so, even if the opposing party's own claims have been dismissed.
Frequently Asked Questions
When do I have to file a counterclaim or lose it?
Rule 13(a) makes a counterclaim compulsory -- and requires it to be pleaded -- when it arises out of the same transaction or occurrence as the opposing party's claim and doesn't require third parties the court can't obtain jurisdiction over, unless one of the two narrow exceptions in the rule applies.
Can I bring a counterclaim that has nothing to do with the plaintiff's claim?
Yes. Rule 13(b) allows a permissive counterclaim against an opposing party even when it doesn't arise from the same transaction or occurrence as the opposing party's claim.
Can my counterclaim seek more money or different relief than the plaintiff is asking for?
Yes. Rule 13(c) states a counterclaim may exceed the opposing claim in amount or seek relief of a different kind, and it doesn't need to diminish or defeat the opposing party's recovery.
What if I forgot to raise a counterclaim I should have?
Rule 13(f) allows the court, by leave, to let a pleader set up an omitted counterclaim by amendment when the omission was the result of oversight, inadvertence, or excusable neglect, or when justice requires it.
What's a cross-claim, and against whom can I bring one?
Rule 13(g) allows a cross-claim against a coparty -- someone on the same side of the case -- for a claim arising from the same transaction or occurrence as the original action or a counterclaim in it, or relating to property that's the subject of the original action.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: delaware compulsory counterclaim rule 13permissive counterclaim delaware civilcross claim against coparty delawaresame transaction or occurrence delawareomitted counterclaim amendment delaware