Rule 1.242.Permissive counterclaims
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.242
Plain-English Summary
Not every counterclaim has to arise from the same transaction or occurrence as the opposing party's claim. Rule 1.242 lets a party counterclaim against an opposing party on any claim the party held at the time the action was originally commenced, so long as that claim had matured by the time it is pleaded. Unlike the compulsory counterclaim rule, this one is permissive: a party may bring the claim as a counterclaim, but nothing requires it.
The rule's only limit is that a rule or statute might prohibit the counterclaim in a particular situation. Absent such a prohibition, a party can use a pending lawsuit as the vehicle for an unrelated but already-existing and matured claim against the opposing party, rather than filing that claim as a separate action.
Frequently Asked Questions
Can I bring a counterclaim that has nothing to do with the transaction the plaintiff sued over?
Yes, if it is a claim you held when the action was originally commenced and it had matured by the time you plead it, Rule 1.242 allows that as a permissive counterclaim, unrelated to the plaintiff's own claim.
Am I required to bring a permissive counterclaim, or can I file it separately later?
Rule 1.242 makes this permissive, not compulsory, so you are not required to bring it in the pending action; you may pursue it separately instead, subject to any other applicable rule or statute.
Does the claim need to have matured before I filed the lawsuit, or just before I plead the counterclaim?
Rule 1.242 requires the claim to be one the party held when the action was originally commenced and one that was matured when pleaded, so both timing points matter.
Can a statute or rule prevent me from bringing a particular permissive counterclaim?
Yes. Rule 1.242 applies unless prohibited by rule or statute, so a specific prohibition elsewhere would override the general permission this rule provides.
How is this different from a compulsory counterclaim?
A compulsory counterclaim under Rule 1.241 must arise from the same transaction or occurrence as the opposing party's claim and must be pleaded or it is lost; a permissive counterclaim under Rule 1.242 need not share that connection and is optional to bring.