Rule 13.Counterclaim and crossclaim

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 13 requires a party to raise, in its pleading, any claim it has against an opposing party arising from the same transaction (a compulsory counterclaim), allows unrelated counterclaims and crossclaims against co-parties, and addresses related issues like relief, joinder, and separate trials.

Full Text of Rule 13

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) Compulsory counterclaim.

(1) In general. A pleading shall 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) Exceptions. 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 against the State. These rules do not expand the right to assert a counterclaim—or to claim a credit—against the State or a State official or agency.

(e) 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.

(f) [Abrogated]

(g) Crossclaim against a co-party. A pleading may state as a crossclaim any claim by one party against a co-party 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 co-party is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

(h) Joining additional parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.

(i) Separate trials; separate judgments. If the court orders separate trials under Rule 42(b), 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.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

If you have a claim against the party suing you, and that claim arises from the same transaction or occurrence as their claim, Rule 13 doesn't give you a choice — you have to raise it now, as a compulsory counterclaim, or risk losing it later. The only exceptions are when the claim was already the subject of another pending case when this one started, or when the opposing party's claim came by attachment or other process that never established personal jurisdiction over you, and you assert no counterclaim of your own.

Claims that don't arise from the same transaction are permissive counterclaims — a party may raise them, but doesn't have to. Either way, a counterclaim doesn't have to match or offset the opposing party's claim; it can seek entirely different or larger relief. A party can also bring a crossclaim against a co-party (a fellow defendant, for instance) when the claim relates to the same transaction or property at issue in the case.

Rule 13 adds a few more pieces: these rules don't expand anyone's right to counterclaim against the State or a state official beyond what already exists; a party can later add a counterclaim that matured after its original pleading, with the court's permission; and Rules 19 and 20 control adding new parties to a counterclaim or crossclaim. If the court orders separate trials, it can still enter judgment on a counterclaim or crossclaim even while the opposing party's own claims are still pending or have been dismissed.

Frequently Asked Questions

What is a compulsory counterclaim?

A claim you have against the party suing you that arises from the same transaction or occurrence as their claim against you. Rule 13(a) requires you to raise it in your pleading or risk losing it.

What's the difference between a counterclaim and a crossclaim?

A counterclaim is a claim against the opposing party (the one suing you). A crossclaim is a claim against a co-party — someone on the same side of the case, like a fellow defendant — and must relate to the same transaction, occurrence, or property already at issue.

Does my counterclaim have to seek the same kind of relief the plaintiff is seeking?

No. Rule 13(c) allows a counterclaim to seek relief that exceeds in amount or differs in kind from what the opposing party is seeking.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 13). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: compulsory counterclaimpermissive counterclaimcrossclaim against co-party