Title 9, Chapter 11, Section 13
( 9-11-13)
(a) 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. But
the pleader need not state the claim if (1) at the time the action
was commenced the claim was the subject of another pending action,
or (2) the opposing party brought an action 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 this Code section, or
(3) the claim is not within the jurisdiction of the court. (b) Permissive counterclaims. A pleading 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. But any such permissive counterclaim shall be
separated for the purposes of trial, unless the parties otherwise
agree. (c) 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. (d) Counterclaim against the state. This Code section shall not be
construed to enlarge beyond the limits fixed by law the right to
assert counterclaims or to claim credits against the state or an
officer or agency thereof. (e) 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. (f) 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. (g) Cross-claim against coparty. A pleading may state as a
cross-claim any claim by one party against a coparty 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. The
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. (h) 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 this chapter, if jurisdiction of them can
be obtained. (i) Separate trials; separate judgments. If the court orders separate trials as provided in subsection (b) of Code Section 9-11-42, judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of subsection (b) of Code Section 9-11-54 when the court has jurisdiction to do so, even if the claims of the opposing party have been dismissed or otherwise disposed of. |