(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. But the pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon the pleader’s claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this rule.
Rule 13.Counterclaim and cross claim
Group 3: Pleadings and Motions · Last amended April 28, 2015 · Last verified July 13, 2026
In one sentenceRule 13 requires a party to raise counterclaims arising from the same transaction as the opposing claim or lose them, permits unrelated counterclaims and cross claims against co-parties on a discretionary basis, and lets courts pull in additional parties needed to resolve them.
Full Text of Rule 13
(b) Permissive counterclaims. A pleading may state as a counterclaim any claim against an opposing party 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.
(d) Counterclaim against the state. 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 or an officer or agency thereof.
(e) 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.
(f) 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.
(g) Cross claim against coparty. A pleading may state as a cross claim any claim by one party against a coparty 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.
(j) Setoff against assignee. The defendant in a civil action upon a contract express or implied, other than upon a negotiable promissory note or bill of exchange, negotiated in good faith and without notice before due, which has been assigned to the plaintiff, may set off a demand of a like nature existing against the person to whom the defendant was originally liable, or any assignee prior to the plaintiff, of such contract, provided such demand existed at the time of the assignment thereof, and belonging to the defendant in
good faith, before notice of such assignment, and was such a demand as might have been set off against such person to whom the defendant was originally liable, or such assignee while the contract belonged to the defendant.
(k) Other setoff rules. [Reserved. See RCW 4.32.120 through 4.32.150 and RCW 4.56.050 through 4.56.075.]
Amendment History
Prior: RPPP Rule 13. Adopted May 5, 1967, effective July 1, 1967; amended, effective April 28, 2015.
Plain-English Summary
Rule 13 draws a sharp line between counterclaims a party must bring and counterclaims a party may bring. A counterclaim is compulsory — meaning it has to be raised in the same case or it is lost — when it arises from the same transaction or occurrence as the opposing party's claim and does not require third parties the court cannot reach. Narrow exceptions excuse the omission, such as when the claim was already pending in another lawsuit when this one started. A counterclaim unrelated to the plaintiff's claim is merely permissive: a party may bring it, but nothing forces the issue.
The rule gives counterclaims real teeth. They can exceed the amount the opposing party seeks or ask for a different kind of relief entirely, and a party who discovers or acquires a claim after filing an answer may still add it as a counterclaim with the court's permission. If a party misses a compulsory counterclaim through oversight or excusable neglect, the court can allow it to be added later by amendment rather than forcing a separate lawsuit.
Beyond counterclaims against an opposing party, Rule 13 lets a party bring a cross claim against a co-party — someone on the same side of the case — when the claim grows out of the same transaction or occurrence, including a claim that the co-party owes contribution or indemnity. Rules 19 and 20 govern bringing additional people into a counterclaim or cross claim, and if the court orders separate trials, a judgment on a counterclaim or cross claim can still be entered even if the original claims have already been dismissed or resolved.
Frequently Asked Questions
What makes a counterclaim compulsory in Washington?
A counterclaim is compulsory when it arises from the same transaction or occurrence as the opposing party's claim and does not require joining third parties the court cannot reach. A party who fails to raise it in that lawsuit generally cannot bring it later in a separate action.
What's the difference between a counterclaim and a cross claim?
A counterclaim is asserted against an opposing party — typically the plaintiff answering a defendant's claim, or vice versa. A cross claim is asserted against a co-party on the same side of the case, and it must arise from the same transaction or occurrence as the original action or a counterclaim in it.
Can I add a counterclaim I didn't know about when I first answered?
Yes, with the court's permission. A claim that matures or is acquired after the pleading was served can be presented as a counterclaim through a supplemental pleading.
What if I forgot to raise a counterclaim I should have brought?
If the omission was due to oversight, inadvertence, excusable neglect, or the interests of justice require it, the court can allow the counterclaim to be added later by amendment rather than treating it as permanently lost.
Can a counterclaim ask for more than the plaintiff is seeking?
Yes. A counterclaim may exceed the opposing party's claim in amount, or seek an entirely different kind of relief.
If the plaintiff's claims get dismissed, does that wipe out my counterclaim?
No. Where the court has ordered separate trials, judgment on a counterclaim or cross claim can still be entered even after the opposing party's claims have been dismissed or otherwise resolved.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
Also known as: compulsory counterclaim Washingtonpermissive counterclaimcross claim against a copartycounterclaim same transaction rulesetoff against an assignee