13.01 Compulsory Counterclaims. A pleading shall state as a counterclaim any claim, other than a tort 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 a claim need not be stated as a counterclaim if at the time the action was commenced the claim was the subject of another pending action. This rule shall not be construed as requiring a counterclaim to be filed in any court whose jurisdiction is limited either as to subject matter or as to monetary amount so as to be unable to entertain such counterclaim.
Rule 13.Counterclaim and Cross-Claim
Last verified July 2, 2026
In one sentenceRule 13 requires a party to raise, in the same case, any non-tort counterclaim arising from the same transaction as the opposing party’s claim, allows other counterclaims and cross-claims on a permissive basis, and lets an omitted or later-maturing claim be added by leave of court.
Full Text of Rule 13
13.02 Permissive Counterclaim. A pleading may state as a counterclaim any claim against an opposing party, whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.
13.03 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.
13.04 Counterclaim against the State of Tennessee. These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the state of Tennessee or an officer or agency thereof or any subdivision thereof.
13.05 Counterclaim Maturing or Acquired after Pleading. A claim which either matured or was acquired by the pleader after serving the pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
13.06 Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence or excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment.
13.07 Cross-Claim Against Co-Party. A pleading may state as cross-claim any claim by one (1) 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 a 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.
13.08 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 may order them to be brought in as defendants as provided in these rules, if jurisdiction of them can be obtained.
13.09 Separate Trials -- Separate Judgments. If the court orders separate trials as provided in Rule 42, judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54 when the court has jurisdiction to do so, even if the claims of the opposing party may have been dismissed or otherwise disposed of.
Advisory Commission Comments
Plain-English Summary
Rule 13.01 makes a counterclaim compulsory — meaning it must be raised in the same case or risk being lost — when it arises from the same transaction or occurrence as the opposing party’s claim and does not require joining a party the court cannot reach. The rule carves out tort claims entirely, since Tennessee’s venue rules give a tort claimant a choice among several counties and the drafters did not want to force a tort counterclaim into a venue chosen only for the original claim. A counterclaim is also excused from the compulsory rule when a court’s limited jurisdiction cannot entertain it, or when the claim was already the subject of another pending action at the time the current action was commenced. Because Tennessee freely allows a plaintiff to take a voluntary nonsuit even after a counterclaim has been filed, the compulsory counterclaim rule carries particular weight: a defendant who fails to assert a related counterclaim risks losing it entirely once the underlying claim is later dismissed or resolved.
Rule 13.02 permits, without requiring, a party to state any other counterclaim against an opposing party, whether or not it is related to the underlying dispute. Rule 13.03 lets a counterclaim exceed the amount or differ in kind from the relief the opposing party seeks, and the two claims are resolved independently of one another. Rule 13.04 keeps any counterclaim against the State of Tennessee within whatever limits already exist under other law, so the rule does not itself expand the state’s exposure to suit.
Rule 13.05 lets a party bring in, with the court’s permission, a claim that matured or was acquired after the pleading was served, and Rule 13.06 lets the court allow a counterclaim left out through oversight, inadvertence, or excusable neglect to be added later by amendment. Rule 13.07 lets a party raise a cross-claim against a co-party arising from the same transaction or occurrence as the original action or a counterclaim in it, and Rule 13.08 lets additional parties be joined to a counterclaim or cross-claim under the rules governing joinder. Rule 13.09 allows separate trials and separate judgments on a counterclaim or cross-claim even when the opposing party’s own claims have already been resolved.
Frequently Asked Questions
Do I have to raise a counterclaim, or can I sue separately later?
If it is a non-tort claim arising from the same transaction or occurrence as the claim against you, Rule 13.01 makes it compulsory — you generally must raise it in the same case or risk losing the ability to bring it later.
Why are tort claims excluded from the compulsory counterclaim rule?
Because Tennessee’s venue rules give a tort claimant a choice among several counties. Rule 13.01 excludes tort claims from the compulsory rule so a defendant is not forced to bring a related tort counterclaim in a venue chosen only for the plaintiff’s original claim.
What if I forgot to raise a counterclaim when I answered?
Rule 13.06 lets the court allow it to be added later by amendment if the omission resulted from oversight, inadvertence, or excusable neglect, or when justice otherwise requires it.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 13). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: compulsory counterclaimpermissive counterclaimcross-claimsame transaction or occurrence
Advisory Commission Comments.
13.09: Rule 42 empowers the court, in order to avoid inconvenience or prejudice to a party, to order separate trials of one or more cross-claims, counterclaims, etc. Rule 13.09 empowers the court to enter judgment on a cross-claim or counterclaim, even though the claims of the opposing party have been already disposed of.