Rule 13. Counterclaim and Crossclaim
(a) Compulsory Counterclaim.
(1) In General. 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;
(B) does not require adding
another party over whom the court cannot acquire jurisdiction.
(2) Exceptions. The pleader need not state the
(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
against an opposing party any claim that is not compulsory.
(c) Relief Sought in a Counterclaim. A counterclaim need not
or defeat the recovery sought by the opposing party. It may request
exceeds in amount or differs in kind from the relief sought by the