Last amended April 1, 1984 · Last verified June 28, 2026
In one sentenceRule 97 governs counterclaims and cross-claims — making a claim from the same transaction compulsory, allowing unrelated claims as permissive, permitting cross-claims against co-parties, and limiting tort-against-contract set-offs.
(a)Compulsory Counterclaims. A pleading shall state as a counterclaim any claim within the jurisdiction of the court, not the subject of a pending action, which at the time of filing 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; provided, however, that a judgment based upon a settlement or compromise of a claim of one party to the transaction or occurrence prior to a disposition on the merits shall not operate as a bar to the continuation or assertion of the claims of any other party to the transaction or occurrence unless the latter has consented in writing that said judgment shall operate as a bar.
(b)Permissive Counterclaims. 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.
(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, so long as the subject matter is within the jurisdiction of the court.
(d)Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after filing his pleading may be presented as a counterclaim by amended pleading.
(e)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. 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.
(f)Additional Parties. Persons other than those made parties to the original action may be made parties to a third party action, counterclaim or cross-claim in accordance with the provisions of Rules 38, 39 and 40.
(g)Tort shall not be the subject of set-off or counterclaim against a contractual demand nor a contractual demand against tort unless it arises out of or is incident to or is connected with same.
(h)Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 174, judgment on a counterclaim or cross-claim may be rendered when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
End
Plain-English Summary
Rule 97 sorts out the claims parties can fold into a pending suit. A counterclaim is compulsory — it must be pleaded — when it is within the court's jurisdiction, is not already pending elsewhere, arises from the same transaction or occurrence as the opposing party's claim, and does not require absent parties the court cannot reach. Any other claim against an opposing party may be brought as a permissive counterclaim. A counterclaim can seek more than, or different relief from, the opposing claim, and a claim that matures or is acquired after pleading can be added by amendment.
The rule also allows cross-claims between co-parties arising from the same transaction as the original action or a counterclaim, and lets additional parties be brought in under Rules 38, 39, and 40. A tort generally cannot be set off against a contract claim, or a contract claim against a tort, unless they are connected. And under Rule 174, the court may render judgment on a counterclaim or cross-claim even after the opposing party's claims are gone.
Frequently Asked Questions
What is a compulsory counterclaim in Texas?
Under Rule 97, a claim a party must plead because it is within the court's jurisdiction, not pending elsewhere, arises from the same transaction or occurrence as the opposing claim, and does not require absent parties the court cannot reach.
What is the difference between a counterclaim and a cross-claim?
A counterclaim is against an opposing party; a cross-claim is against a co-party, and under Rule 97 must arise from the same transaction as the original action or a counterclaim in it.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 97), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:counterclaim and cross-claimcompulsory counterclaimpermissive counterclaimcross-claimTRCP 97