(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 January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 13 tells a party when it must raise a counterclaim or lose it, when it may raise one voluntarily, and when a party may bring a cross-claim against a co-party.
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 assert counterclaims or to claim credits against the State or a county, or an officer or agency of the State or a county.
(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 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 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
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
Rule 13 sorts counterclaims into two kinds. A compulsory counterclaim arises out of the same transaction or occurrence as the opposing party's claim; a pleader who has one must raise it now or lose the right to bring it later, unless the claim was already the subject of another pending action or the court hearing the opposing party's claim never had personal jurisdiction to begin with. A permissive counterclaim is any other claim against an opposing party, and a pleader may choose whether to raise it in the same case or save it for another lawsuit.
The rule then rounds out the mechanics: a counterclaim can seek more or different relief than the opposing claim, counterclaims against the State or a county stay within whatever limits already exist by law, a claim that matures or is acquired after a pleading is filed can be added by supplemental pleading, and an omitted counterclaim can be added later by amendment for good reason. It also lets a party bring a cross-claim against a co-party arising from the same transaction, allows other parties to be joined to a counterclaim or cross-claim under Rules 19 and 20, and permits separate trials and separate judgments on these claims under Rules 42(b) and 54(b).
Frequently Asked Questions
What is a compulsory counterclaim under Rule 13?
A claim the pleader already has against an opposing party at the time of serving a pleading, arising from the same transaction or occurrence as the opposing party's claim, that must be raised in the same case or be lost.
What happens if a party forgets to raise a counterclaim?
Rule 13(f) lets the court allow the pleader to add an omitted counterclaim by amendment when the omission was the result of oversight, inadvertence, or excusable neglect, or when justice requires it.
Can a cross-claim seek more than the original claim?
Yes. Rule 13(c) allows a counterclaim, and by the same logic a cross-claim, to claim relief exceeding in amount or different in kind from what the opposing party originally sought.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 13). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: compulsory counterclaimpermissive counterclaimcross-claim against co-party