A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
Rule 13.05.Counterclaim maturing or acquired after pleading.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceWith the court's permission, a party may add a counterclaim by supplemental pleading if the claim matured or was acquired only after the party's original pleading was served.
Full Text of Rule 13.05
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
A counterclaim usually needs to exist by the time a party files its pleading. Rule 13.05 covers the situation where it does not; the claim matures, or the pleader acquires it, only after the pleading has already been served. In that case, the pleader cannot add it as if it had always been there. Instead, the pleader must ask the court for permission and present the new claim through a supplemental pleading.
This lets a defendant bring in a counterclaim that grew out of later events, rather than losing it or having to file it as a separate lawsuit, but it puts the decision in the court's hands rather than making the addition automatic.
Frequently Asked Questions
Can I add a counterclaim that didn't exist when I filed my answer?
Yes, if the claim matured or was acquired after your pleading was served, Rule 13.05 lets you present it as a counterclaim by supplemental pleading, but only with the court's permission.
Do I need the court's permission to add a later-arising counterclaim?
Yes. The rule requires the permission of the court before a matured or newly acquired claim can be presented as a counterclaim.
What kind of pleading do I file to add this counterclaim?
Rule 13.05 calls for a supplemental pleading, filed with the court's permission, to present the claim that matured or was acquired after the original pleading.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.05). 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: counterclaim that arose after I answeredadding a new counterclaim latersupplemental pleading counterclaimclaim acquired after filingKY CR 13.05