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Rule 210.Counterclaims and Cross-claims

Part II. Pleadings · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 210 makes a counterclaim compulsory when it arises from the same transaction or occurrence, allows permissive counterclaims and cross-claims, and does not expand claims against the State.

Full Text of Rule 210

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Compulsory Counterclaim.
(1) In General. A pleading must state as a counterclaim any claim that, at the time of service, the pleader has against any opposing party, if the claim:
(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and
(B) does not require adding another party over whom the court cannot acquire jurisdiction.
(2) Exceptions. The pleader need not state the claim if:
(A) when the time the action was commenced, the claim was the subject of another pending action; or
(B) the opposing party sued upon its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.
(b) Permissive Counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
(c) Relief Sought in a Counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds the amount or differs in kind from the relief sought by the opposing party.
(d) Counterclaim Against Government Entities. These rules do not expand the right to assert a counterclaim, or to claim a credit, against the state of Idaho or any political subdivision, agency, or officer.
(e) Counterclaim Maturing or Acquired After Pleading. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving any earlier pleading.
(f) Cross-claim Against a Coparty. A pleading may state as a cross-claim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The cross-claim may include a claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
(g) Joining Additional Parties. Rule 211 governs the addition of a person as party to a counterclaim or cross-claim.
(h) Separate Trials; Separate Judgments. If a court orders separate trials under Rule 708, it may enter a judgment on a counterclaim or cross-claim under Rule 803 when it has jurisdiction to do so, even if the opposing party’s claims have been dismissed or otherwise resolved.
End

Rule History

(Adopted March 29, 2021, effective July 1, 2021.)

Plain-English Summary

Rule 210 governs claims a responding party asserts back.

Compulsory

A pleading must state as a counterclaim any claim the pleader has against an opposing party at the time of service if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require adding a party over whom the court cannot acquire jurisdiction.

Two exceptions: the claim was already the subject of another pending action when this one was commenced, or the opposing party sued by attachment or other process that did not establish personal jurisdiction over the pleader and the pleader asserts no counterclaim.

Permissive, and what a counterclaim may seek

Any non-compulsory claim may be pleaded as a counterclaim. And a counterclaim need not diminish or defeat the opposing party's recovery — it may seek relief that exceeds the amount or differs in kind.

The State

Section (d) is a limit: these rules do not expand the right to assert a counterclaim, or to claim a credit, against the state of Idaho or any political subdivision, agency or officer. Whatever the substantive law allows is what is available; procedure adds nothing.

Later-acquired claims, and cross-claims

The court may permit a supplemental pleading asserting a counterclaim that matured or was acquired after an earlier pleading was served.

A cross-claim lies against a co-party where the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or relates to property that is its subject matter — and may include a claim that the co-party is or may be liable for all or part of a claim asserted against the cross-claimant.

Adding a person as a party to a counterclaim or cross-claim is governed by Rule 211. And where the court orders separate trials under Rule 708, it may enter judgment on a counterclaim or cross-claim under Rule 803 when it has jurisdiction — even if the opposing party's claims have been dismissed or otherwise resolved.

Frequently Asked Questions

When must I bring a counterclaim?

Rule 210(a)(1) requires a pleading to state as a counterclaim any claim the pleader has against an opposing party at the time of service if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require adding a party over whom the court cannot acquire jurisdiction.

Can a counterclaim ask for more than the original claim?

Yes. Rule 210(c) provides that a counterclaim need not diminish or defeat the recovery sought and may request relief that exceeds the amount or differs in kind.

What if my claim only arose after I answered?

Rule 210(e) allows the court to permit a supplemental pleading asserting a counterclaim that matured or was acquired after serving an earlier pleading.

Can I bring a claim against a co-party?

Rule 210(f) allows a cross-claim against a co-party where the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or relates to property that is its subject matter.

Do these rules let me counterclaim against the State?

No further than the law already allows. Rule 210(d) provides that these rules do not expand the right to assert a counterclaim, or to claim a credit, against the state of Idaho or any political subdivision, agency or officer.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text
Also known as: counterclaimcompulsory counterclaimpermissive counterclaimcross-claimsame transaction or occurrenceclaims against the State