When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross claim, the court shall order them to be brought in as defendants as provided in these rules.
Rule 13.08.Additional parties may be brought in.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceWhen granting complete relief on a counterclaim or cross claim requires people who are not already parties to the case, the court must order them brought in as defendants under the rules.
Full Text of Rule 13.08
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 or cross claim sometimes cannot be fully resolved without someone who is not already in the lawsuit. Rule 13.08 addresses that gap. When the presence of additional parties is required to grant complete relief on a counterclaim or cross claim, the court orders them brought in as defendants, following the procedures set out elsewhere in the rules.
This keeps a counterclaim or cross claim from stalling out because a necessary person is missing from the case. Rather than leaving the claim only partly resolved, or forcing a separate lawsuit, the court can bring the missing party into the existing action as a defendant.
Frequently Asked Questions
Can new parties be added to a lawsuit because of a counterclaim?
Yes. Rule 13.08 requires the court to order additional parties brought in as defendants when their presence is needed to grant complete relief on a counterclaim.
What happens if a cross claim needs someone who isn't part of the case yet?
Under Rule 13.08, if that person's presence is required for complete relief on the cross claim, the court orders them brought in as defendants, as provided elsewhere in the civil rules.
Is bringing in additional parties under this rule optional for the court?
No. The verbatim text states the court shall order them brought in as defendants when their presence is required for complete relief.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.08). 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: adding parties for a counterclaimbringing in additional defendantsnecessary parties cross claimcourt orders new defendant addedKY CR 13.08