Chapter 39: Oklahoma Pleading Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceSection 2013 requires a party to plead any counterclaim arising from the same transaction as the opposing party's claim, allows unrelated permissive counterclaims and cross-claims against co-parties arising from the same transaction, and sets special statute-of-limitations rules for counterclaims that would otherwise be time-barred.
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 pursuant to this section.
1.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.
2.A pleading may state as a counterclaim against an opposing party a contingent claim that the opposing party may be liable to the counterclaimant for all or part of a claim asserted in the action against the counterclaimant.
C.COUNTERCLAIM EXCEEDING OPPOSING CLAIMS; STATUTES OF LIMITATION. 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. Where a counterclaim and the claim of the opposing party arise out of the same transaction or occurrence, the counterclaim shall not be barred by a statute of limitation notwithstanding that it was barred at the time the petition was filed, and the counterclaimant shall not be precluded from recovering an affirmative judgment. Where a counterclaim and the claim of the opposing party:
1.Do not arise out of the same transaction or occurrence;
3.Both claims had accrued before either was barred by a statute of limitation; and
4.The counterclaim is barred by a statute of limitation at the time that it is asserted, whether in an answer or an amended answer, the counterclaim may be asserted only to reduce the opposing party's claim.
Where a counterclaim was barred by a statute of limitation before the claim of the opposing party arose, the barred counterclaim cannot be used for any purpose.
D.COUNTERCLAIMS AGAINST ASSIGNED CLAIMS. A party, other than a holder in due course, who acquires a claim by assignment or otherwise, takes the claim subject to any defenses or counterclaims that could have been asserted against the person from whom he acquired the claim, but the recovery on a counterclaim may be asserted only to reduce the recovery of the opposing party.
E.CLAIM 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 or a cross-claim by supplemental pleading.
F.OMITTED COUNTERCLAIM. When a pleader fails to set up an omitted counterclaim by amendment within twenty (20) days after service as authorized by subsection A of Section 2015 of this title, he may with leave of court or by written consent of the adverse party set up the counterclaim by amendment where the failure to assert it was due to oversight, inadvertence, excusable neglect, or where justice requires.
G.CROSS-CLAIMS. A pleading may state as a cross-claim any claim by one party against any party who is not an opposing party arising out of the transaction or occurrence that is the subject matter either of the original action or of a claim therein or relating to any property that is the subject matter of the original action. A cross-claim may assert 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.JOINDER OF ADDITIONAL PARTIES. Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Sections 2019 and 2020 of this title.
I.SEPARATE TRIALS; SEPARATE JUDGMENTS. A court may order separate trials of a counterclaim or a cross-claim. A counterclaim or a cross-claim may proceed to trial and judgment thereon may be rendered even if the claim of the opposing party has been dismissed or otherwise disposed of.
Amendment History
Added by Laws 1984, SB 417, c. 164, §13, eff. 11/1/1984; Amended by Laws 1986, HB 1838, c.
227, §6, eff. 11/1/1986; Amended by Laws 1988, HB 1732, c. 181, §2, eff. 11/1/1988; Amended by Laws
2002, HB 1939, c. 468, §24, emerg. eff. 11/1/2002.
Plain-English Summary
This is Oklahoma's compulsory-counterclaim rule, tracking FRCP 13. A party must assert, in the same pleading, any claim it has against an opposing party that arises from the same transaction or occurrence as that party's claim and doesn't need absent third parties the court can't reach, unless the claim is already the subject of another pending suit, or the opposing party sued through attachment or other process that didn't give the court personal jurisdiction. Beyond that, a party may also plead permissive counterclaims unrelated to the opposing claim, and even contingent counterclaims, claims that the opposing party may turn out to be liable for depending on how the main claim comes out.
The section gives real teeth to same-transaction counterclaims: they aren't barred by a statute of limitations just because that limitations period had already run by the time the petition was filed, and the counterclaimant can still recover an affirmative judgment. Unrelated counterclaims for money get more limited protection: if both claims accrued before either was time-barred, a counterclaim that's now barred can still be used to reduce the opposing party's recovery, just not to win an affirmative judgment. A counterclaim barred before the opposing claim even arose can't be used for anything. A party who acquires a claim by assignment takes it subject to the defenses and counterclaims that could have been raised against the original claimant, again limited to reducing recovery rather than winning affirmatively.
Claims that mature or are acquired after a party's pleading is served can be added as a counterclaim or cross-claim by supplemental pleading with the court's permission, and a counterclaim omitted by oversight, inadvertence, or excusable neglect can be added by amendment with leave of court or the other side's written consent. Subsection G lets a party bring a cross-claim against a co-party, not an opposing party, for anything arising from the same transaction or occurrence as the original action, including a claim that the co-party may be liable over for part of what's sought against the cross-claimant. New parties can be joined to a counterclaim or cross-claim under Sections 2019 and 2020, and the court may order separate trials, allowing a counterclaim or cross-claim to proceed to judgment even after the main claim has been dismissed.
Frequently Asked Questions
What makes a counterclaim "compulsory" in Oklahoma?
Under subsection A, a counterclaim is compulsory if it arises from the same transaction or occurrence as the opposing party's claim and doesn't require joining third parties the court can't reach; a party who has one must plead it or lose it, subject to narrow exceptions.
Can a counterclaim survive even if the statute of limitations has run?
Yes, if it arises from the same transaction or occurrence as the opposing party's claim -- subsection C says such a counterclaim isn't barred by limitations even if it was already time-barred when the petition was filed.
What's the difference between a counterclaim and a cross-claim?
A counterclaim under subsections A and B is asserted against an opposing party, while a cross-claim under subsection G is asserted against a co-party, someone on the same side of the case, for a claim arising from the same transaction or occurrence.
Can a party fix a counterclaim they forgot to raise?
Yes -- subsection F allows an omitted counterclaim to be added by amendment, with leave of court or the opposing party's written consent, if the omission was due to oversight, inadvertence, excusable neglect, or where justice requires it.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma compulsory counterclaim rule12 O.S. § 2013cross-claim oklahoma civil procedurecounterclaim statute of limitations oklahoma