(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; 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 Counterclaims.
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 United States.
These
rules do not expand the right to assert a counterclaim
— or to claim a credit — against the United States or
a United States officer 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)
Omitted Counterclaim.
The court may permit a
party to amend a pleading to add a counterclaim if it
was omitted through oversight, inadvertence, or
excusable neglect or if justice so requires.
(g)
Crossclaim Against a Coparty.
A pleading may
state as a crossclaim any claim by one party against a
coparty 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
coparty is or may be liable to the crossclaimant for all
or part of a claim asserted in the action against the
crossclaimant.
(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.