Rule 13.Counterclaim and Cross-Complaint

Part III. Pleadings and Motions · Last amended February 12, 1979 · Last verified September 4, 2026

In one sentenceRule 13 governs counterclaims and cross-claims, and adds a domestic relations provision of its own: in a contested divorce the defendant may enter a cross-complaint at any time before the hearing ends, on payment of the entry fee.

Full Text of Rule 13

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim for relief the court has power to give which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not either require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction or constitute an action required by law to be brought in a county other than the county in which the court is sitting. But the pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action or (2) the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 13.

(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party. (Identical to Mass.R.Civ.P. 13(b))

(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. (Identical to Mass.R.Civ.P. 13(c))

(d) Counterclaim Against the Commonwealth. These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the Commonwealth of Massachusetts or a political subdivision thereof, or any of their officers and agencies. (Identical to Mass.R.Civ.P. 13(d))

(e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading. (Identical to Mass.R.Civ.P. 13(e))

(f) Omitted Counterclaim. 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. (Identical to Mass.R.Civ.P. 13(f))

(g) Cross-Claim Against Co-Party. A pleading may state as a cross-claim any claim by one party against a co-party 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. (Identical to Mass.R.Civ.P. 13(g))

(h) Joinder of Additional Parties. Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Rules 19 and 20. (Identical to Mass.R.Civ.P. 13(h))

(i) Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 42(b), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54(b) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of. (Identical to Mass.R.Civ.P. 13(i))

(j) Cross-Complaint. In a contested action for divorce if the defendant upon payment of the proper entry fee and at any time prior to the conclusion of the hearing shall cause to be entered his or her cross-complaint for divorce, the court shall allow the entry of said cross-complaint after giving of such notice or service to the new defendant as the court, in its discretion, shall order.

End

Rule History

Amended January 16, 1979, effective February 12, 1979.

Plain-English Summary

Subsections (a) through (i) track the civil rule. Subsection (j) does not exist there at all, and it is the reason to read this rule.

The cross-complaint for divorce

Subsection (j) provides that in a contested action for divorce, if the defendant pays the proper entry fee and at any time prior to the conclusion of the hearing causes a cross-complaint for divorce to be entered, the court shall allow the entry — after such notice or service to the new defendant as the court in its discretion orders.

Three things are doing work in that sentence. The window runs to the conclusion of the hearing, not to some earlier pleading deadline. The verb is shall, so entry is not discretionary once the fee is paid and the timing is met. And what the court retains discretion over is the notice or service that follows, not whether to allow the cross-complaint.

Compulsory and permissive counterclaims

Subsection (a) makes a counterclaim compulsory where the claim is one the court has power to give, the pleader has it against an opposing party at the time of serving the pleading, and it arises out of the same transaction or occurrence — unless adjudicating it would require third parties over whom the court cannot acquire jurisdiction, or it is an action required by law to be brought in another county. Two exceptions follow: the claim need not be stated if it was already the subject of another pending action when this one was commenced, or if the opposing party sued by attachment or other process that did not give the court jurisdiction to render a personal judgment and the pleader is asserting no counterclaim under the rule.

Subsection (b) allows any claim against an opposing party as a permissive counterclaim. Subsection (c) provides that a counterclaim may exceed the opposing claim in amount or differ in kind. Subsection (d) preserves the existing limits on counterclaims against the Commonwealth and its subdivisions, officers and agencies.

Late and omitted counterclaims

Subsection (e) allows a claim that matured or was acquired after the pleading was served to be presented, with the court's permission, by supplemental pleading. Subsection (f) allows a counterclaim omitted through oversight, inadvertence or excusable neglect — or where justice requires — to be set up by amendment with leave of court.

Cross-claims and parties

Subsection (g) allows a cross-claim against a co-party arising out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or relating to property that is the subject matter of the original action, including a claim that the co-party is or may be liable for all or part of a claim asserted against the cross-claimant. Subsection (h) allows additional parties to be brought in under Rules 19 and 20 — though Rule 20 is deleted from this set. Subsection (i) allows judgment on a counterclaim or cross-claim under Rule 54(b) where the court has jurisdiction, even if the opposing party's claims have been dismissed or otherwise disposed of.

Frequently Asked Questions

Can a divorce defendant file their own complaint for divorce?

Rule 13(j) provides for it. In a contested action for divorce, if the defendant pays the proper entry fee and at any time before the conclusion of the hearing causes a cross-complaint for divorce to be entered, the court shall allow the entry, after such notice or service to the new defendant as the court in its discretion orders.

How late can a cross-complaint for divorce be entered?

The rule sets the outer limit at the conclusion of the hearing. That is later than an ordinary pleading deadline, and the entry fee has to be paid.

When is a counterclaim compulsory?

Under Rule 13(a), when at the time of serving the pleading the pleader has a claim against an opposing party that the court has power to give and that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim — and adjudicating it neither requires third parties beyond the court's jurisdiction nor constitutes an action required by law to be brought in another county.

What if I forget a counterclaim?

Rule 13(f) allows a counterclaim omitted through oversight, inadvertence or excusable neglect, or where justice requires, to be set up by amendment with leave of court.

Can a counterclaim be bigger than the original claim?

Yes. Rule 13(c) provides that a counterclaim may or may not diminish or defeat the recovery sought by the opposing party, and may claim relief exceeding in amount or differing in kind from that sought in the opposing party's pleading.

Source & verification. Rule text and Rule History reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: counterclaimcross-claimcross-complaintcross complaint for divorcecompulsory counterclaimpermissive counterclaim