A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
Rule 13.03.Counterclaim exceeding opposing claim.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA counterclaim does not need to offset or defeat the plaintiff's claim; a defendant may seek more money or an entirely different kind of relief than what the plaintiff is asking for.
Full Text of Rule 13.03
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
Some counterclaims work like a shield, canceling out part or all of what the plaintiff wants. Rule 13.03 says a counterclaim does not have to work that way. A defendant can file a counterclaim that has nothing to do with reducing the plaintiff's recovery, and can ask for a different kind of relief entirely, or for more money than the plaintiff is seeking.
In practice, this means the value or type of relief in the original claim does not cap or shape what a defendant can ask for in a counterclaim. A plaintiff suing for a small debt might face a counterclaim seeking a much larger sum, or seeking an injunction instead of money, and the mismatch does not make the counterclaim improper.
Frequently Asked Questions
Can my counterclaim ask for more money than the plaintiff is suing me for?
Yes. Rule 13.03 allows a counterclaim to seek relief exceeding in amount what the opposing party's pleading seeks.
Does a counterclaim have to cancel out the plaintiff's claim to count?
No. The rule states a counterclaim may or may not diminish or defeat the recovery the opposing party is seeking.
Can I file a counterclaim seeking a different kind of remedy than the original lawsuit?
Yes. The rule permits a counterclaim to seek relief different in kind from what the opposing party's pleading requests.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.03). 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
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