A pleading, other than a reply, 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. In an action by more than one plaintiff, a claim that a plaintiff is or may be liable to the claimant for all or part of the claim asserted against him by another plaintiff in the action may be stated as a counterclaim.
Rule 13.02.Permissive counterclaims.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 13.02 permits, but does not require, a pleading other than a reply to state a counterclaim unrelated to the opposing party's claim, and allows a plaintiff sued for contribution by a co-plaintiff to counterclaim against that co-plaintiff in the same action.
Full Text of Rule 13.02
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 13.02 covers counterclaims that do not have to be brought now because they do not share a transaction or occurrence with the opposing party's claim. A party may choose to raise one anyway, folding an otherwise separate dispute into the same case, but nothing requires it. The one pleading this option does not extend to is a reply.
The rule also addresses cases with more than one plaintiff. If one plaintiff claims that a co-plaintiff may be liable to it for all or part of what a third plaintiff is seeking, that claim can be stated as a counterclaim within the same action, rather than filed separately.
Frequently Asked Questions
Can I bring an unrelated claim as a counterclaim in Kentucky?
Yes. Rule 13.02 lets a pleading, other than a reply, state as a counterclaim any claim against an opposing party even if it does not arise from the same transaction or occurrence as that party's claim.
Can a reply contain a counterclaim?
No. Rule 13.02 permits permissive counterclaims in any pleading except a reply.
Can I bring a claim against a co-plaintiff in the same lawsuit?
Yes, in the specific situation Rule 13.02 describes: where a plaintiff claims a co-plaintiff is or may be liable to it for all or part of a claim that another plaintiff has asserted in the action.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.02). 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: permissive counterclaimunrelated counterclaim Kentuckyoptional counterclaimcounterclaim against co-plaintiffcan a reply have a counterclaimCR 13.02