Part I · Rule 55: Pleadings, Motions and Hearing · Last amended January 1, 2006 · Last verified July 22, 2026
In one sentenceRule 55.32 requires a party to state as a compulsory counterclaim any claim arising from the same transaction or occurrence as the opposing party’s claim, with limited exceptions, allows unrelated permissive counterclaims and cross-claims against co-parties, and lets courts permit late, matured, or omitted counterclaims by amendment.
(a)Compulsory Counterclaims. A pleading shall state as a counterclaim any claim that 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 require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. 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;
(2)The opposing party brought suit upon the 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 55.32; or
(3)The opposing party brought suit for the purpose of obtaining court approval of a settlement when such approval is required by statute.
(b)Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim.
(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.
(d)Counterclaim Maturing or Acquired After Pleading. A claim that either matured or was acquired by the pleader after serving the pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
(e)Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect or when justice requires, the counterclaim may be set up by amendment by leave of court.
(f)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.
(g)Joinder of Additional Parties. Parties 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 52.04 and 52.05.
(h)Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 66.02 judgment on a counter-claim or cross-claim may be rendered even if the claims of the opposing party have been dismissed or otherwise disposed of.
This rule is substantially the same as Rule 13 of the Federal Rules of Civil Procedure and supersedes prior Rules 55.45, 55.46, 55.47, 55.48, 55.49, 55.50 and 55.51. Paragraph (a) is substantially the same as prior Rule 55.45(a) with the addition of the following: “. . . (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 pleading is not stating any counterclaim under this Rule.” Paragraph (b) is substantially the same as prior Rule 55.45(b). Paragraph (c) is the same as prior Rule 55.46. Paragraph (d) is the same as prior Rule 55.47. Paragraph (e) is the same as prior Rule 55.48. Paragraph (f) is the same as prior Rule 55.49. Paragraph (g) is substantially the same as prior Rule 55.50. Paragraph (h) is the same as prior Rule 55.51.
Plain-English Summary
A pleading must state a compulsory counterclaim: any claim the pleader has against an opposing party at the time of pleading, if it arises out of the same transaction or occurrence as the opposing party’s claim and doesn’t require third parties the court can’t obtain jurisdiction over. Three exceptions excuse a party from raising it anyway — the claim is already the subject of another pending action, the opposing party sued through attachment or similar process that didn’t give the court personal jurisdiction over that claim, or the opposing suit sought court approval of a settlement required by statute.
Permissive counterclaims work differently: a pleading may state a counterclaim against an opposing party even if it doesn’t arise from the same transaction or occurrence. A counterclaim, whether compulsory or permissive, can exceed the opposing claim in amount or differ from it in kind, and it doesn’t have to diminish or defeat the opposing party’s recovery to be valid.
Claims that mature or get acquired after a pleading is served can come in later as a counterclaim by supplemental pleading, with the court’s permission. And when a counterclaim gets left out through oversight, inadvertence, excusable neglect, or when justice otherwise requires it, the rule allows it to be added by amendment with leave of court.
Cross-claims work alongside counterclaims but run between co-parties: a pleading may state a cross-claim against a co-party arising from the same transaction or occurrence as the original action or a counterclaim, or relating to property that’s the subject of the original action, including a claim that the co-party is or may be liable for all or part of a claim already asserted against the cross-claimant. New parties can be joined to a counterclaim or cross-claim under the rules governing joinder, and if the court orders separate trials, a judgment on a counterclaim or cross-claim can still be rendered even if the opposing party’s claims have been dismissed or otherwise resolved.
Frequently Asked Questions
What is a compulsory counterclaim in Missouri?
A claim the pleader already has against an opposing party that arises from the same transaction or occurrence as that party’s claim, which generally must be raised in the pleading.
When can I skip a compulsory counterclaim?
When the claim is already the subject of another pending action, the opposing suit didn’t give the court personal jurisdiction over the claim, or the opposing suit sought statutory approval of a settlement.
What’s the difference between a counterclaim and a cross-claim?
A counterclaim runs against an opposing party; a cross-claim runs against a co-party and must arise from the same transaction or occurrence, or relate to the same property.
Can I bring a counterclaim that exceeds the plaintiff’s demand?
Yes, Rule 55.32(c) allows a counterclaim to exceed in amount or differ in kind from the opposing party’s claim.
What if I forgot to raise a counterclaim earlier?
The court may allow it to be added by amendment when the omission resulted from oversight, inadvertence, excusable neglect, or when justice requires it.
Can new parties be added to a counterclaim or cross-claim?
Yes, additional parties can be joined to a counterclaim or cross-claim under the applicable joinder rules.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as:compulsory counterclaimpermissive counterclaimcross-claim against co-partyomitted counterclaim amendmentcounterclaim exceeding claim amount