Rule 1-013.Counterclaim and cross-claim

Last verified June 26, 2026

In one sentenceRule 1-013 governs counterclaims and cross-claims—requiring compulsory counterclaims arising from the same transaction and permitting other counterclaims and cross-claims against coparties.

Full Text of Rule 1-013

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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 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 against the state. 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 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. Cross-claim against coparty. A pleading may state as a cross-claim 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 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.

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 cross-claim, the court shall order them to be brought in as parties as provided in these rules, if jurisdiction of them can be obtained and their joinder will not deprive the court of jurisdiction of the action.

I. Separate trials; separate judgments. If the court orders separate trial as provided in Paragraph B of Rule 1-042 NMRA, judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Paragraph B of Rule 1-054 NMRA, when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.

End

Plain-English Summary

This rule sorts out the claims parties can fire back. A counterclaim is compulsory—it must be pleaded—if it arises out of the same transaction or occurrence as the opposing party’s claim and does not need absent parties the court cannot reach; narrow exceptions apply when the claim is already the subject of another action or the original suit came by attachment. Any other claim against an opposing party may be brought as a permissive counterclaim, and a counterclaim may seek more or different relief than the original claim.

A party may also assert a cross-claim against a coparty arising out of the same transaction or relating to the same property, including a claim that the coparty is liable for all or part of the original claim. The court may bring in additional parties needed to decide a counterclaim or cross-claim, allow an omitted counterclaim to be added when justice requires, and enter separate judgment on a counterclaim or cross-claim even if the main claims drop out.

Frequently Asked Questions

What is a compulsory counterclaim?

A claim the pleader has against an opposing party that arises out of the same transaction or occurrence as the opposing party’s claim. It must be pleaded or it is generally lost.

What is the difference between a counterclaim and a cross-claim?

A counterclaim is asserted against an opposing party; a cross-claim is asserted against a coparty and must arise out of the same transaction or relate to the same property as the original action.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-013 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: counterclaimcross-claimcompulsory counterclaimpermissive counterclaim