Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 13 makes a claim arising from the same transaction a compulsory counterclaim, allows unrelated ones permissively, and lets co-parties cross-claim.
(a)(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)(1) at the time the action was commenced the claim was the subject of another pending action; or
(2)(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.
(b)(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)(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)(d) Counterclaim against the State. These Rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the State or a county, or an officer or agency of the State or a county.
(e)(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)(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)(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 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)(h) Joinder of additional parties. Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Rules 19 and 20 of these Rules.
(i)(i) Separate trials; separate judgment. If the court orders separate trials as provided in Rule 42(b) of these Rules, judgment on a counterclaim or cross-claim may be rendered when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
End
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
A counterclaim is compulsory when the pleader has it at the time of serving the pleading, it arises out of the transaction or occurrence that is the subject matter of the opposing party claim, and adjudicating it does not need third parties the court cannot reach. Two exceptions release the pleader: the claim was already the subject of another pending action when this one was commenced, or the opposing party sued on it by a process that gave the court no power to render a personal judgment, and the pleader is asserting no counterclaim here.
Anything else may be brought permissively. A counterclaim need not diminish the opposing recovery and may exceed it in amount or differ in kind. Claims against the State or a county are not enlarged beyond their existing statutory limits.
Timing is forgiving. A claim that matured or was acquired after a pleading was served may come in by supplemental pleading with the court permission, and a counterclaim missed through oversight, inadvertence or excusable neglect, or where justice requires, may be added by amendment with leave.
A cross-claim lies against a co-party where the claim arises out of the same transaction as the original action or a counterclaim in it, or relates to property that is the subject matter of the action, and it may include a claim that the co-party is liable for all or part of what is claimed against the cross-claimant. New parties may be brought into a counterclaim or cross-claim under Rules 19 and 20.
Frequently Asked Questions
What makes a counterclaim compulsory in Hawaii?
It arises out of the transaction or occurrence that is the subject matter of the opposing party claim, the pleader has it when the pleading is served, and it does not require third parties beyond the court reach.
What if I forget to plead a compulsory counterclaim?
Rule 13(f) allows it to be set up by amendment with leave of court where the omission was through oversight, inadvertence or excusable neglect, or where justice requires.
Can a counterclaim ask for more than the original claim?
Yes. It may claim relief exceeding in amount or different in kind from what the opposing party seeks.
What is a cross-claim?
A claim by one party against a co-party arising out of the same transaction as the original action or a counterclaim in it, or relating to property that is its subject matter.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 13). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
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