When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment.
Rule 13.06.Omitted counterclaim.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA pleader who missed a counterclaim through oversight, inadvertence, excusable neglect, or where justice requires it may still set it up later by amendment with the court's leave.
Full Text of Rule 13.06
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
Sometimes a party leaves a counterclaim out of its pleading by mistake, or for some other reason the interests of justice call for letting it in anyway. Rule 13.06 gives the court a way to fix that. The pleader asks for leave of court and, if granted, sets up the omitted counterclaim by amendment rather than losing the chance to raise it.
This is a safety valve for counterclaims that should have been included the first time around. It covers oversight, inadvertence, and excusable neglect specifically, and adds a broader catch-all for when justice requires allowing the amendment, but in every case the pleader needs the court's permission first.
Frequently Asked Questions
I forgot to include a counterclaim in my answer. Can I still add it?
Rule 13.06 allows a pleader who omitted a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires it, to set it up later by amendment, with leave of court.
Do I need court permission to add a counterclaim I left out?
Yes. The rule requires leave of court before the omitted counterclaim can be set up by amendment.
Is there a deadline for asking to add a missed counterclaim?
The verbatim text of Rule 13.06 does not set a specific deadline; it conditions the amendment on the reasons for the omission and on leave of court.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.06). 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: forgot to file a counterclaimmissed counterclaim excusable neglectadding omitted counterclaim by amendmentlate counterclaim leave of courtKY CR 13.06