Chapter III: Pleadings and Motions · Last amended June 23, 2025 · Last verified July 14, 2026
In one sentenceRule 13 separates compulsory counterclaims — those arising from the same transaction as the opposing party's claim — from permissive ones, allows related cross-claims between co-parties, and covers what happens when a counterclaim exceeds the original claim, matures after the pleading is filed, or gets left out of the answer altogether.
(a)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 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 over 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; 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; or
(3)the opposing party’s claim is one which an insurer is defending.
In the event an otherwise compulsory counterclaim is not asserted in reliance upon any exception stated in paragraph (a), re-litigation of the claim may nevertheless be barred by the doctrines of res judicata or collateral estoppel by judgment in the event certain issues are determined adversely to the party electing not to assert the claim.
(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)Counterclaims Against the State of Mississippi. These rules shall not be construed to enlarge beyond the limits fixed by law the right to assert counterclaims or to claim credits against the State of Mississippi, a political subdivision, or an officer in his representative capacity or agent of either.
(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.
(f)Omitted Counterclaim. When a pleader fails to set up a counterclaim in the answer, the pleader may amend the answer to include a counterclaim in accordance with M.R.C.P. 15.
(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 the claim asserted in the action against the cross-claimant.
(h)Claims Exceeding Court’s Jurisdiction. Upon the filing in the county court by any party of a counterclaim or cross-claim which exceeds the jurisdictional limits of that court, and upon the motion of all parties filed within twenty days after the filing of such counterclaim or cross-claim, the county court shall transfer the action to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction.
(i)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.
(j)Separate Trials; Separate Judgment. 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 parties have been dismissed or otherwise disposed of.
(k)Appealed Actions. When an action is commenced in the justice court or in any other court which is not subject to these rules and from which an appeal for a trial de novo lies to a court subject to these rules, any counterclaim made compulsory by subdivision (a) of this rule shall be stated as an amendment to the pleading within thirty days after such appeal has been perfected or within such further time as the court may allow; and other counterclaims and cross-claims shall be permitted as in an original jurisdiction action. When a counterclaim or cross-claim is asserted by a defendant in such an appealed case, the defendant shall not be limited in amount to the jurisdiction of the lower court but shall be permitted to claim and recover the full amount of its claim irrespective of the jurisdiction of the lower court.
Advisory Committee Notes
The purpose of Rule 13 is to grant the court broad discretion to allow claims to be joined in order to expedite the resolution of all the controversies between the parties in one suit and to eliminate the inordinate expense occasioned by circuity of action and multiple litigation.
Subject to the exceptions stated in Rule 13(a), counterclaims are compulsory if they arise out of the same transaction or occurrence that is the subject matter of the opposing party’s claim. Compulsory counterclaims are so closely related to the claims already raised, that they can be adjudicated in the same action without creating confusion and should be adjudicated in the same action so as to avoid unnecessary expense and duplicative litigation. Rule 13 generally requires compulsory counterclaims to be asserted in the pending litigation to avoid waiver.
All other counterclaims are permissive and may be asserted by the defending party. If trying the permissive counterclaim in the same case as the original claim is tried will create confusion, prejudice, unnecessary delay or increased costs, the court has the discretion to order that the counterclaim be tried separately pursuant to Rule 42(b).
Pursuant to Rule 13(g), a party may assert a cross-claim against a co-party if the cross- claim arises out of the same transaction or occurrence that is the subject matter of the complaint or a counterclaim thereto or relates to any property that is the subject matter of the complaint. Cross-claims may be derivative claims that assert that the party against whom the cross-claim is asserted is or may be liable to the cross-claimant for all or part of the claim against the cross-claimant. Pursuant to Rule 13, cross-claims are permissive rather than compulsory.
A party asserting a counterclaim or cross-claim may join additional parties as defendants to the counterclaim or cross-claim pursuant to Rules 19 and 20.
Amendment History
Effective June 23, 2025, Rule 13(j) was amended to clarify that M.R.C.P. 15 governs amendment of pleadings, including the amendment of an answer to include a previously omitted counterclaim. ___ So. 2d ___ (West Miss. Cases 2025).
Plain-English Summary
Rule 13(a) makes some counterclaims mandatory: a pleader must state as a counterclaim any claim it already has against an opposing party if that claim arises from the same transaction or occurrence as the opposing party's claim and doesn't require third parties the court can't reach. Three exceptions let a pleader skip that requirement — the claim was already the subject of another pending action when this one began, the opposing party sued only through attachment or similar process that didn't give the court personal jurisdiction, or an insurer is defending the opposing party's claim. Even when an exception applies, the official Notes flag a real risk: staying silent on an otherwise-compulsory counterclaim can still leave it barred later by res judicata or collateral estoppel, depending on what gets decided in the first case. Rule 13(b) covers everything else — permissive counterclaims that don't arise from the same transaction can still be brought, and Rule 13(c) confirms a counterclaim can seek relief that exceeds or differs in kind from what the opposing party is seeking.
Cross-claims work differently. Rule 13(g) lets a party bring a claim against a co-party — not the opponent — when it arises from the same transaction or occurrence as the original action or an existing counterclaim, or relates to property already at issue; a cross-claim can even allege that the co-party is or may be liable for all or part of the claim already asserted against the cross-claimant. Rule 13(d) makes clear this rule doesn't expand whatever limited right already exists to counterclaim against the State of Mississippi, a political subdivision, or an officer or agent sued in a representative capacity. And a counterclaim that matures or is acquired only after the pleading was served isn't lost — Rule 13(e) lets it in by supplemental pleading with the court's permission. If a counterclaim is left out of the answer by oversight, Rule 13(f) doesn't treat that as forfeited either; the pleader can amend the answer to add it, following the amendment procedure in Rule 15.
The remaining subdivisions handle logistics. Additional parties can be joined to a counterclaim or cross-claim under Rules 19 and 20. If the court orders separate trials under Rule 42(b), judgment on a counterclaim or cross-claim can still be entered under Rule 54(b) even if the opposing claims have been dismissed. A county court facing a counterclaim or cross-claim that exceeds its jurisdictional limit must transfer the action to the circuit or chancery court if all parties move for that within 20 days of the claim being filed. And when a case reaches a rule-governed court on appeal from a court that isn't — like justice court — a counterclaim that would have been compulsory must be added within 30 days of the appeal being perfected, and a defendant asserting a counterclaim or cross-claim in that setting isn't limited to the lower court's jurisdictional cap.
Frequently Asked Questions
What makes a counterclaim compulsory rather than permissive in Mississippi?
Under Rule 13(a), a counterclaim is compulsory if, at the time of serving the pleading, the pleader already has a claim against the opposing party that arises from the same transaction or occurrence as the opposing party's claim and doesn't require third parties the court can't reach. Everything else can still be brought as a permissive counterclaim under Rule 13(b).
If an exception lets me skip filing a compulsory counterclaim now, can I still sue on it later?
Maybe not fully. The official Notes warn that even when one of Rule 13(a)'s exceptions applies, relitigating that claim later can still be barred by res judicata or collateral estoppel, depending on what issues the first case decided.
Can I bring a claim against a co-defendant instead of the plaintiff?
Yes. Rule 13(g) allows a cross-claim against a co-party when it arises from the same transaction or occurrence as the original action or an existing counterclaim, or relates to property already at issue in the case.
What if I forget to include a counterclaim I had when I filed my answer?
Rule 13(f) doesn't treat that as a lost claim. You can amend the answer to add the omitted counterclaim, following the amendment procedure set out in Rule 15.
What happens if a counterclaim filed in county court exceeds that court's dollar limits?
Rule 13(h) requires the county court to transfer the action to the circuit or chancery court that would otherwise have jurisdiction, but only if all parties move for the transfer within 20 days after the counterclaim or cross-claim is filed.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
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