In one sentenceRule 13 requires a pleading to state as a compulsory counterclaim any claim arising from the same transaction or occurrence as the opposing party’s claim, allows any other claim against an opposing party as a permissive counterclaim, and lets a party assert a related crossclaim against a coparty.
(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 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, 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.
(b)Permissive counterclaim. – 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 against the State of North Carolina. – These rules shall not be construed to enlarge beyond the limits fixed by law the right to assert counterclaims or to claim credit against the State of North Carolina or an officer or agency thereof.
(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 through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment.
(g)Crossclaim against coparty. – A pleading may state as a crossclaim any claim by one party against a coparty 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 crossclaim may include a claim that the party against whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
(h)Additional parties may be brought in. – When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or crossclaim, the court shall order them to be brought in as defendants as provided in these rules, if jurisdiction of them can be obtained.
(i)Separate trial; separate judgment. – If the court orders separate trials as provided in Rule 42(b), judgment on a counterclaim or crossclaim 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 party have been dismissed or otherwise disposed of.
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 13(a) makes a counterclaim compulsory when, at the time of serving the pleading, the pleader already has a claim against an opposing party arising out of the same transaction or occurrence as that party’s claim and not requiring the presence of third parties the court cannot reach. Two exceptions excuse the pleader from stating it: the claim was already the subject of another pending action when this one began, or the opposing party sued only by attachment or other process that did not give the court jurisdiction to enter a personal judgment. Rule 13(b) allows any other claim against an opposing party — one that does not arise from the same transaction or occurrence — to be pleaded as a permissive counterclaim instead.
A counterclaim need not match the opposing claim in kind or amount; it may exceed it, seek different relief, or do both. Rule 13(d) makes clear that none of this expands the limited right to counterclaim or claim credit against the State beyond what the law otherwise allows. A claim that matures or is acquired after the pleading was served may be added as a counterclaim by supplemental pleading with the court’s permission, and a counterclaim omitted through oversight, inadvertence, excusable neglect, or where justice otherwise requires may be added later by amendment with leave of court.
Rule 13(g) lets a party state a crossclaim against a coparty arising from the same transaction or occurrence as the original action or a counterclaim in it, or relating to property that is the subject of the action, including a claim that the coparty is or may be liable for all or part of a claim already asserted against the crossclaimant. If complete relief on a counterclaim or crossclaim requires parties beyond the original action, the court must order them brought in as defendants where jurisdiction over them can be obtained. And where the court has ordered separate trials, judgment on a counterclaim or crossclaim may still be entered under Rule 54(b), even if the opposing party’s own claims have already been dismissed or otherwise resolved.
Frequently Asked Questions
What makes a counterclaim “compulsory” rather than optional?
A counterclaim is compulsory when it arises out of the same transaction or occurrence as the opposing party’s claim and does not require joining third parties the court cannot reach — subject to the exceptions in Rule 13(a) for claims already pending elsewhere or claims against a party who sued only by attachment.
Can a counterclaim ask for more than the plaintiff is seeking?
Yes. Rule 13(c) allows a counterclaim to exceed the opposing claim in amount, seek relief of a different kind, or both — it need not merely offset what the other side is asking for.
What if a party forgets to raise a compulsory counterclaim?
Rule 13(f) lets a party who omitted a counterclaim through oversight, inadvertence, excusable neglect, or where justice requires add it later by amendment, with the court’s permission.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 13). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:compulsory counterclaimpermissive counterclaimcrossclaimsame transaction or occurrence testcounterclaim against the stateomitted counterclaim amendmentcounterclaim exceeding the opposing claim