Part III: Pleadings, Motions, and Orders · Last amended November 1, 2016 · Last verified July 13, 2026
In one sentenceRule 13 tells a party when it must raise a counterclaim against an opposing party or lose it, and when it may raise a related claim against a coparty as a crossclaim.
(1)A pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim:
(A)arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and
(B)does not require adding another party over whom the court cannot acquire jurisdiction.
(2)The pleader need not state the claim if:
(A)when the action was commenced, the claim was the subject of another pending action, or
(B)the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.
(b)Permissive counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
(c)Relief sought in a counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.
(d)Counterclaim maturing or acquired after pleading. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.
(e)Crossclaim against coparty. A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
(f)Joining additional parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.
(g)Separate trials; separate judgments. If the court orders separate trials under Rule 42, it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to do so, even if the opposing party’s claims have been dismissed or otherwise resolved.
Amendment History
Amended effective November 1, 2001; November 1, 2016.
Plain-English Summary
Rule 13 sorts claims that arise between parties already in the lawsuit into two categories. A counterclaim is compulsory — meaning a party must raise it or lose it — when it grows out of the same transaction or occurrence as the opposing party's claim and doesn't require adding someone the court can't get jurisdiction over. Everything else is permissive: a party may raise it in the same case, but doesn't have to. The rule carves out two situations where even a related claim doesn't have to be pleaded, such as when that claim is already the subject of another pending lawsuit.
A counterclaim doesn't have to match the size or shape of the original claim. It can seek far more than the plaintiff is asking for, or an entirely different kind of relief. If a party discovers or acquires a qualifying claim after it has already filed its pleading, the court can allow a supplemental pleading to add it. Rule 13 also lets a party bring a crossclaim against a coparty — a co-defendant or co-plaintiff, rather than an opponent — when the claim relates to the same transaction, occurrence, or property already at issue, including a claim that the coparty is on the hook for some or all of a claim asserted against the crossclaiming party. Adding new parties to a counterclaim or crossclaim follows the joinder rules in Rules 19 and 20, and if the court separates claims for trial, it can enter a final judgment on a counterclaim or crossclaim even before resolving the rest of the case.
Frequently Asked Questions
What's the difference between a compulsory and a permissive counterclaim?
A compulsory counterclaim arises from the same transaction or occurrence as the opposing party's claim and doesn't require joining a party the court lacks jurisdiction over — a party must bring it in the same lawsuit or forfeit it. A permissive counterclaim is any other claim a party has against an opposing party; the party can raise it in the same case or save it for a separate lawsuit.
Do I have to bring my counterclaim now, or can I sue separately later?
If the claim grows out of the same transaction or occurrence as the claim against you, Rule 13 generally requires you to raise it as a counterclaim in this case. Wait too long and you may not be able to bring it at all in a later lawsuit. The rule has narrow exceptions, including when the claim was already the subject of another pending action when this case started.
What is a crossclaim, and how is it different from a counterclaim?
A counterclaim runs against an opposing party. A crossclaim runs against a coparty — someone on the same side of the case, like a co-defendant. A party can bring a crossclaim when it arises from the same transaction, occurrence, or property already involved in the case, including a claim that the coparty should absorb all or part of a claim brought against the crossclaiming party.
Can my counterclaim ask for more than the plaintiff is seeking from me?
Yes. Rule 13(c) says a counterclaim doesn't need to offset or defeat the opposing party's claim at all. It can seek relief that's larger in amount or entirely different in kind from what the opposing party is asking for.
What if my counterclaim doesn't exist yet when I file my answer?
Rule 13(d) lets the court permit a supplemental pleading to add a counterclaim that matures or is acquired after an earlier pleading was served, so a later-arising claim isn't automatically lost.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as:counterclaim utahcompulsory counterclaim utahcrossclaim utahutah rule 13permissive counterclaim utahcounterclaim same transaction or occurrence