802.07.Counterclaim and cross claim.

A defendant may counterclaim any claim it has against the plaintiff on which a judgment could be had, whether or not that counterclaim diminishes or defeats the plaintiff’s own recovery, and, subject to the tort-damages amount limit in section 802.02(1m), the counterclaim can seek relief exceeding or different in kind from what the plaintiff asked for. A claim that matured or was acquired after the pleading was served can, with the court’s permission, be added later by supplemental pleading.

A cross claim lets one party assert a claim against a coparty, but only if it arises from the same transaction, occurrence, or series as the claim or counterclaim already in the case, or relates to property involved in the action; subject to the same tort-damages limit, a cross claim can include a claim that the party it targets is liable for all or part of a claim already asserted against the cross-claimant. Additional parties can be joined to a counterclaim or cross claim under the joinder rules in sections 803.03 to 803.05.

If the court orders separate trials under section 805.05(2), a judgment on a counterclaim or cross claim can still be entered under section 806.01(2) once the court has jurisdiction to do so, even if the opposing party’s own claims have already been dismissed or otherwise resolved.