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. The pleader need not state the claim if (a) at the time the action was commenced the claim was the subject of another pending action, or (b) the opposing party brought suit upon his 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 Rule 13. Any counterclaim against the Commonwealth, or any agency or political subdivision thereof, may be stated at the pleader's option.
Rule 13.01.Compulsory counterclaims.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 13.01 requires a pleading to include as a counterclaim any claim the pleader has against an opposing party arising from the same transaction or occurrence, provided it does not need third parties beyond the court's jurisdiction, subject to two narrow exceptions and an option for claims against the Commonwealth.
Full Text of Rule 13.01
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 13.01 is the compulsory counterclaim rule. If a party being sued already has a claim of its own against the plaintiff, growing out of the same transaction or occurrence as the plaintiff's claim, that claim has to go into the pleading now rather than in a separate lawsuit later. The rule also requires that resolving the counterclaim not depend on bringing in third parties the court cannot get jurisdiction over.
Two situations excuse a party from stating the claim. One is where, at the time this action was filed, the claim was already the subject of another pending lawsuit. The other is where the opposing party sued by attachment or similar process that did not give the court jurisdiction to enter a personal judgment, and the pleader is not otherwise asserting a Rule 13 counterclaim. Claims against the Commonwealth of Kentucky or one of its agencies or political subdivisions are never mandatory under this rule; a party may raise them or not.
Frequently Asked Questions
What makes a counterclaim compulsory under Kentucky rules?
A counterclaim is compulsory when the pleader has it against an opposing party at the time of serving the pleading, it arises out of the same transaction or occurrence as the opposing party's claim, and deciding it does not require third parties the court cannot get jurisdiction over.
Are there exceptions to having to bring a counterclaim now?
Yes. A pleader need not state the claim if it was already the subject of another pending action when this action was commenced, or if the opposing party sued by attachment or similar process that did not give the court personal jurisdiction and the pleader is not asserting any Rule 13 counterclaim.
Do I have to counterclaim against the Commonwealth of Kentucky?
No. Rule 13.01 makes any counterclaim against the Commonwealth, or an agency or political subdivision of it, optional rather than required.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: compulsory counterclaimmust I file a counterclaim nowsame transaction or occurrence counterclaimcounterclaim rule Kentuckysuing the Commonwealth counterclaimlosing a claim by not counterclaiming