(a) Stating a Counterclaim. A pleading may state as a counterclaim any claim that the pleader has against an opposing party when the pleading is served.
§ 6-1113.Counterclaim and crossclaim.
Article 11: Nebraska Court Rules of Pleading in Civil Cases. (Effective January 1, 2025.) · Last amended January 1, 2025 · Last verified July 22, 2026
This section prints two full, separately-dated versions in the official compilation (the January 1, 2025 discovery/pleading rewrite); both are shown below, current version first.
In one sentenceSection 6-1113 lets a party assert a counterclaim against an opposing party or a cross-claim against a co-party arising from the same transaction or occurrence, and explains the limited consequence of leaving a related counterclaim out.
Full Text of § 6-1113
§ 6-1113. Counterclaim and crossclaim. — Current version (effective January 1, 2025)
(b) Failing to State a Related Counterclaim The failure to state as a counterclaim a claim that arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim precludes the pleader from recovering costs from that party in a subsequent action on the claim.
(c) Relief Sought in a Counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.
(d) Counterclaim Against the State and Political Subdivisions. These rules do not expand the right to assert a counterclaim or to obtain a credit against the State of Nebraska, an officer or agency of the State, or a political subdivision of the State.
(e) Counterclaim Maturing or Acquired After Pleading. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.
(f) Cross-Claim Against a Co-Party. A pleading may state as a cross-claim any claim by one party against a co- party if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The cross- claim may include a claim that the co-party 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) Joining Additional Parties. Neb. Rev. Stat. §§ 25-323 and 25-705(4) govern the addition of a person as a party to a counterclaim or cross-claim.
§ 6-1113. Counterclaim and crossclaim. — Prior version (in effect before January 1, 2025)
(a) Counterclaims. A pleading may state as a counterclaim any claim which at the time of serving the pleading, the pleader has against an opposing party.
(b) Failure to Include Counterclaim; Effect in Subsequent Action. A party who does not assert a counterclaim that arises out of the transaction or occurrence that is the subject matter of an opposing party's claim cannot recover costs against that party in any subsequent action thereon.
(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 and Political Subdivisions. 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 Nebraska, an officer or agency of the State, or a political subdivision of the State.
(e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after filing a 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, the pleader may by leave of court set up the counterclaim by amendment.
(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 a claim asserted in the action against the cross-claimant.
Amendment History
Current version (effective January 1, 2025)
§ 6-1113 amended November 13, 2024, effective January 1, 2025.
Official Comment
Current version (effective January 1, 2025)
COMMENTS TO § 6-1113 [1] Subpart (a) allows but does not require a party to assert any counterclaim that it has at the time it serves its responsive pleading. Subpart (b) encourages a party to assert as a counterclaim a claim that arises out of the same transaction or occurrence as the claim asserted against the party. The rule does so by precluding the party from recovering costs if it brings the claim in a subsequent action. Furthermore, depending on the subject matter of the claim, a party who brings a subsequent action may be precluded from litigating the claim by the doctrine of claim preclusion or may be barred from relitigating issues by the doctrine of issue preclusion. In short, a party should carefully evaluate the nature of a particular claim when deciding whether to assert it as a counterclaim or to make it the subject of a subsequent action. [2] A counterclaim is stated in the party’s responsive pleading. See § 6-1107(a)(3). The original version of § 6- 1113(f) provided that a party could add a counterclaim by seeking leave of court to amend its pleading. The provision was deleted in 2024 because it was unnecessary. Section 6-1115(a) governs the amendment of all pleadings, including the amendment of a responsive pleading to add a counterclaim.
Prior version (in effect before January 1, 2025)
COMMENT Joinder of additional cross-claims is also governed by § 25-701. (h) Joinder of Additional Parties. [Reserved] COMMENT Joinder of additional parties to a counterclaim or cross-claim is governed by § 25-705(4). (i) Separate Trials; Separate Judgments. [Reserved]
Plain-English Summary
Section 6-1113 governs claims that run between parties already in the same lawsuit. A party may state as a counterclaim any claim it has against an opposing party at the time it serves its pleading — nothing requires it. But if the counterclaim arises from the same transaction or occurrence as the opposing party’s claim and the party leaves it out, that party can’t recover costs from the opponent in a later lawsuit on that same claim, and depending on the circumstances, claim or issue preclusion may bar the later suit entirely.
A counterclaim doesn’t have to offset or defeat what the opposing party is seeking — it can ask for more, or for something different in kind. Claims against the State of Nebraska or a political subdivision are the exception: this rule doesn’t expand whatever right to counterclaim or claim a credit already exists under other law. And if a claim matures or gets acquired after a party’s pleading was served, the court can allow it to come in through a supplemental pleading.
Subsection (f) covers cross-claims between co-parties on the same side of a case — allowed when the claim arises from the same transaction or occurrence as the original action or a counterclaim, or relates to property that’s already at issue, including a claim that the co-party may be liable for all or part of a claim asserted against the cross-claimant. Adding new parties to a counterclaim or cross-claim is governed separately by Neb. Rev. Stat. §§ 25-323 and 25-705(4).
The 2025 amendments removed the former process for adding an omitted counterclaim by seeking leave to amend, since Section 6-1115 already governs amending any pleading, including one that adds a counterclaim.
Frequently Asked Questions
Am I required to bring a counterclaim I have against the other party?
No. A party may state a counterclaim, but nothing forces it. Leaving out a related counterclaim just carries a consequence for a later lawsuit on that claim.
What happens if I don’t raise a counterclaim that arises from the same dispute?
You can’t recover costs from the opposing party if you bring that claim in a later lawsuit, and depending on the claim, doctrines like claim or issue preclusion may bar the later suit altogether.
Can my counterclaim ask for more than what the other side is seeking from me?
Yes. A counterclaim doesn’t have to offset or defeat the opposing party’s recovery — it can seek relief that exceeds it in amount or differs in kind.
Can I bring a counterclaim against the State of Nebraska?
Only to the extent already allowed by other law. This rule doesn’t expand the right to counterclaim or claim a credit against the State, a state officer or agency, or a political subdivision.
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 on the same side of the case, and it’s allowed when it arises from the same transaction or occurrence as the original action or relates to property already at issue.
What if my claim against the other side didn’t exist yet when I filed my answer?
The court may let you bring it in later through a supplemental pleading if it matured or was acquired after you served your earlier pleading.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
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