Title III: Pleadings; Motions; Scheduling · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 13 distinguishes counterclaims a party must raise from those it may choose to raise, and sets the parallel rules for crossclaims between coparties and for adding parties to either.
(1)In general. A pleading must state as a counterclaim any claim that, at the time of its service, the pleader has against an 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 action was commenced, the claim was the subject of another pending action; or
(B)the opposing party sued on 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 in 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 an earlier pleading.
(g)Crossclaim against a coparty. A pleading may state as a crossclaim 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 crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
(h)Joining additional parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.
(i)Separate trials; Separate judgments. If the court orders separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to do so, even if the opposing party's claims have been dismissed or otherwise resolved.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Rule 13 divides counterclaims into two kinds. A compulsory counterclaim is one that grows out of the same transaction or occurrence as the opposing party's claim and does not require hauling in someone the court cannot reach; a party who has such a claim at the time it responds must raise it or lose it, subject to narrow exceptions such as the claim already being the subject of another pending suit. A permissive counterclaim is any other claim the party chooses to bring against the opposing party, whether or not it is related to the original dispute, and it can seek relief larger than or different in kind from what the opposing party is asking for.
The rule also addresses claims between parties on the same side of the case. A crossclaim lets one party sue a coparty over a claim tied to the same transaction, occurrence, or property already at issue, including a claim that the coparty may owe the crossclaimant for part or all of what is being sought against the crossclaimant. Rules 19 and 20 govern bringing in any additional parties these claims might require. The rule does not expand anyone's right to counterclaim against the State of Idaho or its subdivisions beyond what already exists, and it lets a court permit a supplemental pleading for a counterclaim that only matured or was acquired after an earlier pleading was filed.
Frequently Asked Questions
What makes a counterclaim compulsory instead of permissive?
A counterclaim is compulsory under Rule 13(a) when it arises out of the same transaction or occurrence as the opposing party's claim and does not require adding a party the court cannot exercise jurisdiction over. If a party has such a claim and does not raise it, the party generally cannot bring it later.
What happens if I forget to raise a compulsory counterclaim?
Rule 13 is built on the premise that a compulsory counterclaim must be stated when the pleading is served. Leaving it out risks losing the ability to bring it in a later, separate lawsuit, subject to the narrow exceptions the rule lists, such as the claim already being tied up in another pending action.
Can my counterclaim ask for more than the plaintiff is seeking from me?
Yes. Rule 13(c) says a counterclaim does not need to reduce or defeat the opposing party's recovery, and it can request relief that exceeds the amount, or differs in kind, from what the opposing party is seeking.
What is the difference between a counterclaim and a crossclaim?
A counterclaim under Rule 13(a) or (b) is a claim against an opposing party, someone on the other side of the case. A crossclaim under Rule 13(g) is a claim against a coparty, someone on the same side, and it must relate to the same transaction, occurrence, or property already involved in the case.
Can I bring a counterclaim against the State of Idaho?
Only to the extent the law otherwise allows. Rule 13(d) makes clear that the rule itself does not expand any existing right to counterclaim or claim a credit against the State of Idaho or its political subdivisions, agencies, or officers.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as:compulsory counterclaimpermissive counterclaimcrossclaim between copartiescounterclaim against the statecounterclaim deadline Idaho