Rule 13.Counterclaim and Cross-claim.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 13 requires a party to plead any counterclaim arising out of the same transaction as the opposing claim, permits unrelated counterclaims, and gives the court broad room to allow a late divorce counterclaim.

Full Text of Rule 13

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim within the jurisdiction of the court 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, except that such a claim need not be so stated if at the time the action was commenced the claim was the subject of another pending action.

(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim within the jurisdiction of the court that the pleader has against an opposing party.

(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) [Reserved].

(e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after serving his or her 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, excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment. In the event that a pleader fails to set up a counterclaim in the nature of a cross complaint seeking a divorce, the court may grant leave to set up the counterclaim by amendment based upon the grounds as set forth herein, but may also grant leave to set up the counterclaim by way of amendment on a showing by affidavit or otherwise that the pleader delayed filing of such amendment in order to seek reconciliation between the parties or intended to withhold the allegations of the counterclaim in order to mitigate or avoid exacerbation of relations between the parties. This ground may be allowed for amendment without regard to the lapse of time between the filing of the initial complaint and the filing of the motion to amend.

(g) Cross-claim Against Co-party. A pleading may state as a cross-claim any claim within the jurisdiction of the court 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.

(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 defendants as provided in these rules.

(i) Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 42(b), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54(b) even if the claims of the opposing party have been dismissed or otherwise disposed of.

(j) Electronic Filing of Counterclaims and Cross-claims. When using the EFS, all counterclaims and cross-claims shall be filed in accordance with Rule 1(b)(3).

End

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

Subdivision (a) makes a counterclaim compulsory when, at the time the pleading is served, the pleader has a claim within the court's jurisdiction against an opposing party that arises out of the same transaction or occurrence as that party's claim and does not need third parties the court cannot reach. The exception is a claim that was already the subject of another pending action when the case was commenced. Subdivision (b) allows any other claim within the court's jurisdiction to be pleaded as a counterclaim, and subdivision (c) confirms that a counterclaim may ask for more, or for something different in kind, than the opposing party sought.

Subdivisions (e) and (f) deal with claims that come late. A claim that matured or was acquired after the pleading was served may be brought in by supplemental pleading with the court's permission. A counterclaim omitted through oversight, inadvertence or excusable neglect, or where justice requires, may be added by amendment with leave of court. Then comes the provision unique to this court: where the omitted counterclaim is in the nature of a cross complaint seeking a divorce, leave may also be granted on a showing by affidavit or otherwise that the pleader held the amendment back to seek reconciliation, or withheld the allegations to keep from inflaming relations between the parties. That ground may be allowed without regard to how much time has passed between the original complaint and the motion to amend.

The remaining subdivisions widen the case. Under subdivision (g), a party may cross-claim against a co-party on a claim within the court's jurisdiction arising out of the transaction or occurrence behind the original action or a counterclaim in it, or relating to property that is the subject of the action, including a claim that the co-party is or may be liable for all or part of what is claimed against the cross-claimant. Under subdivision (h), the court orders in other parties when their presence is required to grant complete relief on a counterclaim or cross-claim.

Subdivision (i) keeps a counterclaim or cross-claim alive on its own footing: where the court orders separate trials under Rule 42(b), judgment may be entered on it under Rule 54(b) even though the opposing party's claims have been dismissed or otherwise disposed of. Subdivision (j) routes counterclaims and cross-claims filed through the Electronic Filing System to Rule 1(b)(3). Subdivision (d) is reserved and carries no text.

Frequently Asked Questions

Do I have to file a counterclaim in my divorce answer?

Rule 13(a) requires a pleading to state any claim within the court's jurisdiction that the pleader has against an opposing party when the pleading is served, if it arises out of the same transaction or occurrence and does not require third parties the court cannot reach. A claim that was already the subject of another pending action when the case began does not have to be stated.

I did not ask for a divorce in my answer. Can I add that now?

Rule 13(f) allows a pleader who omitted a counterclaim through oversight, inadvertence or excusable neglect, or where justice requires, to set it up by amendment with leave of court. Where the omitted counterclaim is in the nature of a cross complaint seeking a divorce, the court may also grant leave on a showing by affidavit or otherwise that the pleader delayed filing in order to seek reconciliation, or withheld the allegations to mitigate or avoid exacerbating relations between the parties. The rule allows that ground without regard to the lapse of time since the initial complaint.

My claim came up after I had already filed my answer. Can I still bring it?

Rule 13(e) lets a claim that matured or was acquired after the pleader served the pleading be presented as a counterclaim by supplemental pleading, with the permission of the court. The court's permission is the condition, so the claim comes in on a motion rather than as of right.

Can my counterclaim ask for more than my spouse asked for?

Yes. Rule 13(c) says a counterclaim may or may not reduce or defeat the other side's recovery and may claim relief exceeding in amount or different in kind from what the opposing pleading sought.

Can I bring a claim against another defendant in the same case?

Rule 13(g) allows a cross-claim against a co-party on a claim within the court's jurisdiction that arises out of the transaction or occurrence behind the original action or a counterclaim in it, or that relates to property at the center of the action. It may include a claim that the co-party is or may be liable to you for all or part of what is claimed against you.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 13). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

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