(A) Compulsory Joinder. In a pleading that states a claim against an opposing party, the pleader must join every claim that the pleader has against that opposing party at the time of serving the pleading, if it arises out of the transaction or occurrence that is the subject matter of the action and does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction.
Rule 2.203.Joinder of Claims, Counterclaims, and Cross-Claims
Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.203 tells a party which claims against an opponent it must raise together, which counterclaims and cross-claims it may add on top of those, and how those additional claims get filed and served once the right parties are already in the case.
Full Text of Rule 2.203
(B) Permissive Joinder. A pleader may join as either independent or alternate claims as many claims, legal or equitable, as the pleader has against an opposing party. If a claim is one previously cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court may grant relief only in accordance with the substantive rights of the parties.
(C) Counterclaim Exceeding Opposing Claim. A counterclaim may, but need 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.
(D) Cross-Claim Against Co-Party. A pleading may state as a cross-claim a claim by one party 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 that relates to 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.
(E) Time for Filing Counterclaim or Cross-Claim. A counterclaim or cross-claim must be filed with the answer or filed as an amendment in the manner provided by MCR 2.118. If a motion to amend to state a counterclaim or cross-claim is denied, the litigation of that claim in another action is not precluded unless the court specifies otherwise.
(F) Separate Trials; Separate Judgment. If the court orders separate trials as provided in MCR 2.505(B), judgment on a claim, counterclaim, or cross-claim may be rendered in accordance with the terms of MCR 2.604 when the court has jurisdiction to do so. The judgment may be
rendered even if the claims of the opposing party have been dismissed or otherwise disposed of.
(G) Joining Additional Parties
(1) Persons Who May be Joined. Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim, subject to MCR 2.205 and 2.206.
(2) Summons. On the filing of a counterclaim or cross-claim adding new parties, the court clerk shall issue a summons for each new party in the same manner as on the filing of a complaint, as provided in MCR 2.102(A)-(C). Unless the court orders otherwise, the summons is valid for 21 days after the court issues it.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Any claim a party has against an opposing party, arising from the same transaction or occurrence already at issue, generally must be raised in the pleadings now or it is lost — unless resolving it would require joining someone the court cannot get jurisdiction over. Beyond that mandatory core, a party can freely add independent or alternative claims, legal or equitable, against an opposing party, even a claim that only becomes viable once another one is resolved first, though the court's relief still has to track the parties' actual substantive rights. A counterclaim need not offset or match the amount or kind of relief the opposing party is seeking; it can ask for more, or something entirely different.
A cross-claim runs against a co-party rather than an opponent, and it must grow out of the same transaction or occurrence as the original claim or a counterclaim, or relate to the same property, including a claim that the co-party owes the cross-claimant for part or all of a claim already asserted against the cross-claimant. Counterclaims and cross-claims are filed with the answer, or added later as an amendment; if the court denies leave to add one, that does not necessarily stop the party from litigating the same claim in a separate case unless the court says otherwise. When a counterclaim or cross-claim pulls in someone not already a party, the joinder still has to satisfy the necessary- and permissive-joinder rules, and the court clerk issues that new party a summons the same way it would for an original complaint.
Frequently Asked Questions
Do I have to bring every claim I have against the other side in one lawsuit?
Any claim arising from the same transaction or occurrence as the current dispute generally must be raised now or it is lost, unless resolving it would require joining someone the court cannot reach.
Can I bring unrelated claims against the same opposing party?
Yes. Rule 2.203 lets a party join as many claims as it has against an opposing party, related or not, legal or equitable.
What's the difference between a counterclaim and a cross-claim?
A counterclaim is a claim against an opposing party. A cross-claim is a claim against a co-party — someone on the same side of the case — and it must arise from the same transaction, occurrence, or property as the original dispute.
Can I add a new claim to bring in someone who isn't already a party?
Yes, through a counterclaim or cross-claim, subject to the joinder rules governing necessary and permissive parties, and the court clerk issues that new party a summons.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.203). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: counterclaim Michigancross-claim Michigancompulsory counterclaim Michiganjoinder of claims Michigan