Rule 4:7-3.Counterclaim maturing or acquired after pleading
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
Full Text of Rule 4:7-3
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:13-4; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Claims do not always exist when the pleadings are filed. This rule addresses a claim that matured or was acquired by the pleader only after the pleading was served. Such a claim may be brought into the case as a counterclaim.
The route is a supplemental pleading, and it takes the court’s leave. That keeps the later-arising claim within the same action rather than forcing a separate suit.
Frequently Asked Questions
Can you add a counterclaim that arose after you answered?
Yes. A claim that matured or was acquired after the pleading was served may be presented as a counterclaim by supplemental pleading, with leave of court.