Group III: Pleadings and Motions · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 13 requires a party to raise a related counterclaim in the same case or risk losing it, permits unrelated permissive counterclaims and crossclaims between coparties, and preserves existing limits on counterclaims against the State.
(1)In General. A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:
(A)arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and
(B)does not require adding another party over whom the court cannot acquire jurisdiction.
(2)Exceptions. The pleader need not state the claim if:
(A)when the action was commenced, the claim was the subject of another pending action; or
(B)the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.
(b)Permissive counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
(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. These rules do not expand the right to assert a counterclaim—or to claim a credit—against the State, its political subdivisions, their agencies and entities, or any current or former officer or employee thereof.
(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.
(g)Crossclaim Against a Coparty. A pleading may state as a crossclaim any claim by one party against a coparty 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 crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
(h)Joining Additional Parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.
(i)Separate Trials; Separate Judgments. If the court orders separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to do so, even if the opposing party’s claims have been dismissed or otherwise resolved.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendments are technical.
Advisory Committee Note — 2019 Amendment: Consistent with FRCP 13, former NRCP 13(f) is deleted as duplicative; an amendment to a pleading to add a counterclaim may be made under Rule 15.
A pleading must include as a counterclaim any claim the pleader already holds against an opposing party if it arises from the same transaction or occurrence as the opposing party's claim and does not require adding a party the court cannot reach. Two exceptions excuse a pleader from stating it: the claim was already the subject of another pending action when this case started, or the opposing party sued through attachment or similar process that did not give the court personal jurisdiction over the pleader, and the pleader is not asserting any counterclaim at all. Beyond these compulsory claims, a pleader may raise any other, unrelated claim against an opposing party as a permissive counterclaim, and the relief sought in either kind of counterclaim need not offset the opposing claim — it can exceed it in amount or differ entirely in kind.
Rule 13 does not expand any existing right to counterclaim, or claim a credit, against the State, its political subdivisions, or their current or former officers and employees — whatever limits already exist on suing the government stay in place. A counterclaim that matures or is acquired only after a party has already filed its pleading can still come into the case through a supplemental pleading with the court's permission. Between coparties, a crossclaim is allowed when it arises from the same transaction or occurrence as the original action or a counterclaim, or relates to property at issue in the case, and it can include a claim that the coparty is or may be liable for all or part of a claim already asserted against the crossclaimant. Adding new parties to a counterclaim or crossclaim follows Rules 19 and 20, and if the court orders separate trials, it can still enter judgment on a counterclaim or crossclaim under Rule 54(b) even after the opposing party's claims have been dismissed or resolved.
Frequently Asked Questions
What happens if I forget to bring a counterclaim that arose from the same dispute?
A counterclaim arising from the same transaction or occurrence as the opposing party's claim is compulsory, meaning it generally must be raised in that case or it is lost, unless one of Rule 13(a)(2)'s narrow exceptions applies.
Can I bring a counterclaim against the State of Nevada if it sues me?
Rule 13 does not expand whatever right already exists to counterclaim or claim a credit against the State, its political subdivisions, or their officers and employees; the rule preserves existing limits rather than creating new counterclaim rights.
Can my counterclaim ask for more than the plaintiff is seeking from me?
Yes. Rule 13(c) allows a counterclaim to request relief that exceeds in amount or differs entirely in kind from the relief the opposing party seeks.
What if my counterclaim didn't exist yet when I filed my answer?
Rule 13(e) allows the court to permit a supplemental pleading asserting a counterclaim that matured or was acquired after the earlier pleading was served.
Can I bring a claim against a co-defendant instead of the plaintiff?
Yes, through a crossclaim under Rule 13(g), available when the claim arises from the same transaction or occurrence as the original action or a counterclaim, or relates to property at issue in the case.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as:compulsory counterclaim nevadapermissive counterclaim nevadacrossclaim nevadanrcp 13counterclaim against the state nevada