A pleading may state as a cross claim any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross claim may include a claim that the party against whom it is asserted is or may be liable to the cross claimant for all or part of a claim asserted in the action against the cross claimant.
Rule 13.07.Cross claim against coparty.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA party may state a cross claim against a coparty when it arises from the same transaction or occurrence as the original action or a counterclaim, relates to property in the action, or asserts the coparty's liability for part or all of a claim already made against the cross claimant.
Full Text of Rule 13.07
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 13.07 lets parties on the same side of a case, such as two codefendants, raise claims against each other within the existing lawsuit instead of starting a new one. The cross claim has to connect to the case already in front of the court, either because it arises from the same transaction or occurrence as the original action or a counterclaim in it, or because it relates to property that is the subject matter of the original action.
The rule also covers a specific kind of cross claim: one coparty can claim that the other is or may be liable for all or part of a claim that has been asserted against the cross claimant in the lawsuit. This lets a defendant who is facing liability point to a coparty and ask the court to sort out who owes what, all within the same case.
Frequently Asked Questions
Can I sue my co-defendant within the same lawsuit?
Yes, if the claim arises out of the transaction or occurrence that is the subject of the original action or a counterclaim in it, or relates to property at issue in the action, Rule 13.07 allows it as a cross claim against the coparty.
Can a cross claim say my coparty should be the one who pays if I lose?
Yes. The rule allows a cross claim to include a claim that the coparty is or may be liable to the cross claimant for all or part of a claim already asserted against the cross claimant in the action.
What is the difference between a cross claim and a counterclaim?
A counterclaim is a claim against an opposing party, while under Rule 13.07 a cross claim is a claim against a coparty, someone on the same side of the case, and it must arise from the same transaction, occurrence, or property already at issue.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.07). 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 a co-defendant in the same casecross claim against codefendantcoparty liability claimdifference between cross claim and counterclaimKY CR 13.07