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KENTUCKY
RULES OF CIVIL PROCEDURE CR 13.01 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. The pleader need not state the claim if (a) at the time the action was commenced the claim was the subject of another pending action, or (b) the opposing party brought suit upon his 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 Rule 13. Any counterclaim against the Commonwealth, or any agency or political subdivision thereof, may be stated at the pleader's option. [Amended eff. 1-1-78; prior amendment eff. 7-1-69; adopted eff. 7-1-53] CR 13.02 PERMISSIVE COUNTERCLAIMS A pleading, other than a reply, 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. In an action by more than one plaintiff, a claim that a plaintiff is or may be liable to the claimant for all or part of the claim asserted against him by another plaintiff in the action may be stated as a counterclaim. [Amended eff. 7-1-69; adopted eff. 7-1-53] CR 13.03 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. [Adopted eff. 7-1-53] CR 13.04 COUNTERCLAIMS AGAINST THE COMMONWEALTH These rules shall not be construed to enlarge beyond the limits fixed by law the right to assert counterclaims or to claim credits against the Commonwealth or an officer or agency thereof. [Amended eff. 1-1-78; adopted eff. 7-1-53] CR 13.05 COUNTERCLAIM MATURING OR ACQUIRED AFTER PLEADING A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading. [Adopted eff. 7-1-53] CR 13.06 OMITTED COUNTERCLAIM When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment. [Adopted eff. 7-1-53] CR 13.07 CROSS-CLAIM AGAINST CO-PARTY A pleading may state as a cross-claim any claim by one party against a co-party 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. [Adopted eff. 7-1-53] CR 13.08 ADDITIONAL PARTIES MAY BE BROUGHT IN When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants as provided in these rules. [Adopted eff. 7-1-53] CR 13.09 SEPARATE TRIALS; SEPARATE JUDGMENT If the court orders separate trials as provided in Rule 42.02, judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54.02 even if the claims of the opposing party have been dismissed or otherwise disposed of. [Adopted eff. 7-1-53]
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