If the court orders separate trials as provided in Rule 42.02, judgment on a counterclaim or cross claim may be rendered in accordance with the terms of Rule 54.02 even if the claims of the opposing party have been dismissed or otherwise disposed of.
Rule 13.09.Separate trials -- Separate judgment.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceWhen a court splits a case into separate trials under Rule 42.02, this rule lets it enter final judgment on a counterclaim or cross-claim under Rule 54.02, even though the opposing party's own claims have already been dismissed or resolved.
Full Text of Rule 13.09
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 13.09 fills a gap that opens up when a court decides to try parts of a lawsuit separately. Ordinarily, a counterclaim or cross-claim sits inside the same case as the claims that provoked it. But once a judge splits the trial under Rule 42.02, one side's claim can wrap up long before the other's. This rule confirms that a court may enter judgment on a counterclaim or cross-claim under the terms of Rule 54.02, even if the claim that started the lawsuit has already been dismissed or otherwise resolved.
In practice, this keeps a defendant's counterclaim alive on its own terms. Dismissal of the plaintiff's claim doesn't automatically wipe out a counterclaim that was tried separately, and a party doesn't have to wait for every other piece of the case to close before collecting a final, appealable judgment on the part that has already been decided.
Frequently Asked Questions
Does dismissing the plaintiff's claim also dismiss my counterclaim?
No. Under Rule 13.09, if the court ordered separate trials under Rule 42.02, a counterclaim or cross-claim can still lead to its own judgment under Rule 54.02, even after the opposing party's claim has been dismissed or otherwise disposed of.
What does 'separate trials' mean under this rule?
It refers to a court's decision, under Rule 42.02, to try separate issues or claims within one case at different times rather than all together. Rule 13.09 addresses what happens to judgment on a counterclaim or cross-claim once that split occurs.
Can I get a final judgment on my counterclaim before the rest of the case is over?
Rule 13.09 allows judgment on a counterclaim or cross-claim to be entered under Rule 54.02 once trials are separated, even while other parts of the case remain pending or have concluded differently.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 13.09). 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
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