(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, 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, or if the opposing party's claim is for damage arising out of the ownership, maintenance, operation, use, or control of a motor vehicle by the pleader.
Rule 13.Counterclaim and Cross-claim.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 13 tells a party when it must raise a counterclaim against an opposing party or lose it, when it may raise one voluntarily, how cross-claims against co-parties work, and how counterclaims and cross-claims interact with additional parties and separate trials.
Full Text of Rule 13
(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim 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) Counterclaims in Appealed Actions. When an action is entered in the Superior Court on appeal from a District Court the provisions of subdivision (a) of this rule shall not apply. Permissive counterclaims and cross-claims may be pleaded as in an original action in the Superior Court.
(e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after serving a 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.
(g) Cross-claim Against Co-party. A pleading may state as a cross-claim any claim 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.
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
Rule 13 splits counterclaims into two kinds. A compulsory counterclaim is one arising out of the same transaction or occurrence as the opposing party’s claim; a pleader who has one at the time of serving a pleading generally must raise it or lose the chance, unless the claim was already the subject of another pending action, unless adjudicating it would require a third party the court can’t get jurisdiction over, or unless the opposing claim arises from a motor vehicle accident. A permissive counterclaim is any other claim against an opposing party, and a party may raise it or not. A counterclaim can seek more relief, or different relief, than the opposing party’s own claim, and it doesn’t have to offset or defeat that claim to be valid.
Some situations get special treatment. When a case reaches Superior Court on appeal from District Court, the compulsory-counterclaim requirement doesn’t apply, though permissive counterclaims and cross-claims can still be pleaded as if the case were an original Superior Court action. A claim that matures or is acquired after a pleading is served may be added as a counterclaim by supplemental pleading with the court’s permission. And a counterclaim omitted through oversight, inadvertence, excusable neglect, or when justice requires can be added later by amendment with leave of court.
A cross-claim works between co-parties rather than between opposing parties: one party may cross-claim against a co-party over the same transaction or occurrence at issue in the original action or a counterclaim, or over property that’s the subject of the action, including a claim that the co-party is or may be liable for all or part of a claim already asserted against the cross-claimant. If deciding a counterclaim or cross-claim requires bringing in parties beyond the original suit, the court orders them added as defendants. If the court separates the trial of a counterclaim or cross-claim, judgment can be entered on it even if the opposing party’s own claims have already been dismissed or resolved.
Frequently Asked Questions
What's the difference between a compulsory and a permissive counterclaim in Rhode Island?
A compulsory counterclaim arises out of the same transaction or occurrence as the opposing party's claim, and a party generally must raise it or give it up. A permissive counterclaim is any other claim against an opposing party, and raising it is optional.
Do I lose a counterclaim if I forget to include it in my answer?
Not necessarily. Rule 13 lets a party who omitted a counterclaim through oversight, inadvertence, excusable neglect, or when justice requires add it later by amendment, with the court's permission.
Can I bring a claim against a co-defendant instead of the plaintiff?
Yes, that's a cross-claim. It has to arise from the same transaction or occurrence as the original action or a counterclaim in it, or relate to property at issue in the action, and it can include a claim that the co-party is liable to you for all or part of a claim already made against you.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. 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 July 8, 2026. ·
Official source
Also known as: counterclaim rulecompulsory counterclaimpermissive counterclaimcross-claim against co-defendantcounterclaim deadlineadding a counterclaim lateclaim against a co-party