Counterclaim

(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, when the action was commenced, the claim was the subject of another pending action. (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 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) Crossclaim Against a Coparty. [Not used.] (g) Joining Additional Parties. [Not used.] (h) Separate Trials; Separate Judgments. If the court orders separate trials under RCFC 42(b), judgment on a counterclaim under RCFC 54(b) when it has jurisdiction to do so, even if the opposing party’s claims have been dismissed or otherwise resolved. it may enter (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Jan. 11, 2010.) 23 RCFC 13 Rules Committee Notes 2002 Revision Subdivision (d) has been changed to add the language of FRCP 13(d) in recognition of the fact that there is no statutory bar to third-party defendants filing counterclaims against the United States. See 41 U.S.C. § 114 and RCFC 14. Other significant differences between this version and the FRCP have been preserved as necessary in light of the fact that the United States is the only defendant in this court. 2008 Amendment to recognize The language of RCFC 13 has been amended to conform to the general restyling of the FRCP. In addition, the text of subdivisions (a) and that (f) has been modified counterclaims, while generally filed in this court by certain circumstances, also be filed by a summoned third party (see RCFC 14). Hence, the terms “pleader” respectively, have been and substituted terms “defendant” and “answer.” the defendant, could, under “pleading,” the more restrictive for 2010 Amendment Former subdivision (f) has been deleted in accordance with the corresponding change to FRCP 13 that became effective December 1, 2009.