(a) Counterclaim against opposing party. — A party may assert as a counterclaim any claim that party has against any opposing party, whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party’s 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.
Rule 2-331.Counterclaim and cross-claim
Circuit Court · Last amended July 1, 2011 · Last verified July 13, 2026
In one sentenceRule 2-331 lets a party file a counterclaim against an opposing party on any claim at all, or a cross-claim against a co-party limited to claims arising from the same case, and sets a 30-day filing window.
Full Text of Rule 2-331
(b) Cross-claim against co-party. — A party may assert as a cross-claim any claim that party has 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. The 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.
(c) Joinder of additional parties. — A person not a party to the action may be made a party to a counterclaim or cross-claim and shall be served as a defendant in an original action. When served with process, the person being added shall also be served with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action.
(d) Time for filing. — If a party files a counterclaim or cross-claim more than 30 days after the time for filing that party’s answer, any other party may object to the late filing by a motion to strike filed within 15 days of service of the counterclaim or cross-claim. When a motion to strike is filed, the time for responding to the counterclaim or cross-claim is extended without special order to 15 days after entry of the court’s order on the motion. The court shall grant the motion to strike unless there is a showing that the delay does not prejudice other parties to the action.
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986; June 21, 1995, effective Sept. 1, 1995; June 7, 2011, effective July 1, 2011.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former Rule 314 a 1 and 2.
Section (b) is derived from former Rule 314 b.
Section (c) is derived from former Rule 314 c and d 3.
Section (d) is derived from former Rule 314 d 2.
Plain-English Summary
Rule 2-331 draws a sharp line between two kinds of claims a party can raise against someone already in the case. A counterclaim, filed against an opposing party, can be about anything — it doesn't have to arise from the same transaction or occurrence as the original claim, and it can seek more or different relief than what the opposing party wants. A cross-claim, filed against a co-party (someone on the same side of the case), is narrower: it has to grow out of the same transaction or occurrence as the original action or a counterclaim in it, or relate to property that's already at issue, and it can include a claim that the co-party is liable for all or part of what's already being sought against the cross-claimant.
Either kind of claim can pull in someone who isn't yet a party to the case, who then gets served like a new defendant, along with copies of everything already filed. Timing matters: if a counterclaim or cross-claim shows up more than 30 days after the deadline for that party's answer, any other party can move to strike it within 15 days of being served. Once that motion is filed, the response deadline for the counterclaim or cross-claim automatically extends to 15 days after the court rules. The court has to grant the motion to strike unless the party who filed late can show the delay doesn't prejudice anyone else.
Frequently Asked Questions
What's the difference between a counterclaim and a cross-claim?
A counterclaim under Rule 2-331(a) is filed against an opposing party and can involve any claim, related to the original case or not. A cross-claim under Rule 2-331(b) is filed against a co-party and must arise from the same transaction or occurrence as the original action or a counterclaim in it, or relate to property already at issue.
Can a counterclaim seek more than what the original claim asked for?
Yes. Rule 2-331(a) allows a counterclaim to seek relief exceeding in amount or different in kind from what the opposing party's pleading sought.
Can I add someone who isn't already a party through a counterclaim or cross-claim?
Yes. Rule 2-331(c) allows joinder of a new party to a counterclaim or cross-claim, who must be served as if in an original action, along with copies of everything already filed in the case.
Is there a deadline for filing a counterclaim or cross-claim?
Rule 2-331(d) doesn't set a hard cutoff, but a filing made more than 30 days after the deadline for that party's answer can be struck on motion unless the filer shows the delay doesn't prejudice other parties.
What happens if someone moves to strike my late counterclaim?
The response deadline for your counterclaim or cross-claim is automatically extended to 15 days after the court decides the motion to strike, under Rule 2-331(d).
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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