13.01 Compulsory Counterclaims A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction, except that such a claim need not be so stated if, at the time the action was commenced, the claim was the subject of another pending action.
Rule 13.Counterclaim and Cross-Claim
Last verified July 1, 2026
In one sentenceRule 13 requires a party to raise, in the same case, any counterclaim against an opposing party that arises from the same transaction as the opposing party’s claim, allows other counterclaims and cross-claims against a co-party on a permissive basis, and lets an omitted or later-maturing claim be added by leave of court.
Full Text of Rule 13
13.02 Permissive Counterclaims A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction that is the subject matter of the opposing party’s claim.
13.03 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.
13.04 Counterclaim Against the State of Minnesota 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 State of Minnesota or an officer or agency thereof.
13.05 Counterclaim Maturing or Acquired After Pleading A claim which either matured or was acquired by the pleader after serving a pleading may, by leave of court, be presented as a counterclaim by supplemental pleading.
13.06 Omitted Counterclaim When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may, by leave of court, set up the counterclaim by amendment.
13.07 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.
13.09 Separate Trials; Separate Judgment 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 disposed of otherwise.
Plain-English Summary
Rule 13.01 makes a counterclaim compulsory when it arises out of the same transaction or occurrence as the opposing party’s claim and does not require joining a party the court cannot obtain jurisdiction over. A party who has such a claim at the time of serving a pleading must state it or risk losing the ability to bring it later. Rule 13.02 allows, but does not require, a party to state any other counterclaim against an opposing party, even one unrelated to the underlying dispute.
Rule 13.03 lets a counterclaim exceed the amount or differ in kind from the relief the opposing party seeks, and the two claims are resolved independently. Rule 13.04 keeps counterclaims against the State of Minnesota within whatever limits already exist by law — the rule does not expand the state’s exposure beyond its existing waivers of sovereign immunity.
Rule 13.05 lets a party bring in, by leave of court, a claim that matured or was acquired after the original pleading was served, and Rule 13.06 lets a court allow a counterclaim that was left out through oversight, inadvertence, or excusable neglect, or when justice otherwise requires it. Rule 13.07 lets a party raise a cross-claim against a co-party arising from the same transaction or occurrence as the original action or a counterclaim in it, and Rule 13.08 lets additional parties be joined to a counterclaim or cross-claim under Rules 19 and 20. Rule 13.09 allows separate trials and separate judgments on a counterclaim or cross-claim under Rules 42.02 and 54.02.
Frequently Asked Questions
Do I have to bring a counterclaim, or can I sue separately later?
If the counterclaim arises out of the same transaction or occurrence as the claim against you, Rule 13.01 makes it compulsory — you generally must raise it in the same case or risk being unable to bring it later.
What is the difference between a counterclaim and a cross-claim?
A counterclaim under Rule 13.01 or 13.02 is a claim against an opposing party. A cross-claim under Rule 13.07 is a claim against a co-party — someone on the same side of the case — arising from the same transaction or occurrence.
What if I forgot to raise a counterclaim when I answered?
Rule 13.06 lets the court allow it to be added by leave of court if the omission was the result of oversight, inadvertence, or excusable neglect, or when justice requires it.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 13). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: counterclaimcross-claimcompulsory counterclaimpermissive counterclaim