These rules shall not be construed to enlarge beyond the limits fixed by law the right to assert counterclaims or to claim credits against the Commonwealth or an officer or agency thereof.
Rule 13.04.Counterclaims against the commonwealth.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThe civil rules do not expand any existing legal limit on asserting counterclaims or credits against the Commonwealth of Kentucky or a state officer or agency, preserving whatever restrictions already exist by law.
Full Text of Rule 13.04
Amendment History
(Amended November 21, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 13.04 makes clear that the counterclaim rules do not override separate legal limits on suing the state. If a statute or other body of law restricts when someone can bring a counterclaim, or claim a credit, against the Commonwealth, a state officer, or a state agency, that restriction stays in place. Rule 13.03's broad allowance for counterclaims exceeding or differing from the original claim does not stretch those limits.
Anyone considering a counterclaim against the Commonwealth or one of its officers or agencies needs to look beyond the civil rules to whatever law sets the boundaries for claims against the state, since the rule expressly declines to enlarge those boundaries.
Frequently Asked Questions
Does Rule 13.03's broad counterclaim right apply to lawsuits against the state?
Not without limit. Rule 13.04 says the rules cannot be read to enlarge, beyond the limits already fixed by law, the right to assert counterclaims or claim credits against the Commonwealth or an officer or agency of it.
Can I counterclaim against a state agency the same way I would against a private party?
The civil rules do not expand whatever legal limits already govern counterclaims or credits against the Commonwealth, an officer, or an agency, so any restriction set by other law still controls.
When was this rule last amended?
Rule 13.04 was amended effective January 1, 1978.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.04). 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: suing the state counterclaimcounterclaim against Commonwealth of Kentuckyclaims against a state agency limitssovereign immunity counterclaim ruleKY CR 13.04