Rule 4.14.Counterclaim disclosed allowed.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 4.14
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 4.13 lets a court question a plaintiff under oath before entering judgment against a defendant reached only by warning order. Rule 4.14 covers what happens if that questioning turns up a counterclaim the absent defendant could have raised. The court is not required to ignore it: any counterclaim disclosed may be adjusted and allowed in the judgment.
Frequently Asked Questions
What happens if the plaintiff's own testimony reveals a counterclaim against them?
Rule 4.14 lets the court adjust that counterclaim and allow it in the judgment, even though the constructively served defendant never appeared to raise it.
Does the absent defendant have to file something to benefit from this rule?
No separate filing is required under this rule — it operates off the examination allowed by Rule 4.13, not a pleading from the defendant.
Which rule has to happen first for Rule 4.14 to apply?
The examination allowed by Rule 4.13. Rule 4.14 applies only to a counterclaim disclosed during that examination.