{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2013","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2013","heading":"Counterclaim and cross-claim","body":"COUNTERCLAIM AND CROSS-CLAIM\n\nA. COMPULSORY COUNTERCLAIMS. A pleading shall state as a\n\ncounterclaim any claim which at the time of serving the pleading the\n\npleader has against any opposing party, if it arises out of the\n\ntransaction or occurrence that is the subject matter of the opposing\n\nparty's claim and does not require for its adjudication the presence\n\nof third parties of whom the court cannot acquire jurisdiction. But\n\nthe pleader need not state the claim if:\n\n1. At the time the action was commenced the claim was the\n\nsubject of another pending action; or\n\n2. The opposing party brought suit upon his claim by attachment\n\nor other process by which the court did not acquire jurisdiction to\n\nrender a personal judgment on that claim, and the pleader is not\n\nstating any counterclaim pursuant to this section.\n\nB. PERMISSIVE COUNTERCLAIMS; CONTINGENT COUNTERCLAIMS.\n\n1. A pleading may state as a counterclaim any claim against an\n\nopposing party not arising out of the transaction or occurrence that\n\nis the subject matter of the opposing party's claim.\n\n2. A pleading may state as a counterclaim against an opposing\n\nparty a contingent claim that the opposing party may be liable to\n\nthe counterclaimant for all or part of a claim asserted in the\n\naction against the counterclaimant.\n\nC. COUNTERCLAIM EXCEEDING OPPOSING CLAIMS; STATUTES OF\n\nLIMITATION. A counterclaim may or may not diminish or defeat the\n\nrecovery sought by the opposing party. It may claim relief\n\nexceeding in amount or different in kind from that sought in the\n\npleading of the opposing party. Where a counterclaim and the claim\n\nof the opposing party arise out of the same transaction or\n\noccurrence, the counterclaim shall not be barred by a statute of\n\nlimitation notwithstanding that it was barred at the time the\n\npetition was filed, and the counterclaimant shall not be precluded\n\nfrom recovering an affirmative judgment. Where a counterclaim and\n\nthe claim of the opposing party:\n\n1. Do not arise out of the same transaction or occurrence;\n\n2. Both claims are for money judgments;\n\n3. Both claims had accrued before either was barred by a\n\nstatute of limitation; and\n\n4. The counterclaim is barred by a statute of limitation at the\n\ntime that it is asserted, whether in an answer or an amended answer,\n\nthe counterclaim may be asserted only to reduce the opposing party's\n\nclaim.\n\nWhere a counterclaim was barred by a statute of limitation\n\nbefore the claim of the opposing party arose, the barred\n\ncounterclaim cannot be used for any purpose.\n\nD. COUNTERCLAIMS AGAINST ASSIGNED CLAIMS. A party, other than\n\na holder in due course, who acquires a claim by assignment or\n\notherwise, takes the claim subject to any defenses or counterclaims\n\nthat could have been asserted against the person from whom he\n\nacquired the claim, but the recovery on a counterclaim may be\n\nasserted only to reduce the recovery of the opposing party.\n\nE. CLAIM MATURING OR ACQUIRED AFTER PLEADING. A claim which\n\neither matured or was acquired by the pleader after serving his\n\npleading may, with the permission of the court, be presented as a\n\ncounterclaim or a cross-claim by supplemental pleading.\n\nF. OMITTED COUNTERCLAIM. When a pleader fails to set up an\n\nomitted counterclaim by amendment within twenty (20) days after\n\nservice as authorized by subsection A of Section 2015 of this title,\n\nhe may with leave of court or by written consent of the adverse\n\nparty set up the counterclaim by amendment where the failure to\n\nassert it was due to oversight, inadvertence, excusable neglect, or\n\nwhere justice requires.\n\nG. CROSS-CLAIMS. A pleading may state as a cross-claim any\n\nclaim by one party against any party who is not an opposing party\n\narising out of the transaction or occurrence that is the subject\n\nmatter either of the original action or of a claim therein or\n\nrelating to any property that is the subject matter of the original\nto oversight, inadvertence, excusable neglect, or\n\nwhere justice requires.\n\nG. CROSS-CLAIMS. A pleading may state as a cross-claim any\n\nclaim by one party against any party who is not an opposing party\n\narising out of the transaction or occurrence that is the subject\n\nmatter either of the original action or of a claim therein or\n\nrelating to any property that is the subject matter of the original\n\naction. A cross-claim may assert a claim that the party against\n\nwhom it is asserted is or may be liable to the cross-claimant for\n\nall or part of a claim asserted in the action against the cross-\n\nclaimant.\n\nH. JOINDER OF ADDITIONAL PARTIES. Persons other than those\n\nmade parties to the original action may be made parties to a\n\ncounterclaim or cross-claim in accordance with the provisions of\n\nSections 2019 and 2020 of this title.\n\nI. SEPARATE TRIALS; SEPARATE JUDGMENTS. A court may order\n\nseparate trials of a counterclaim or a cross-claim. A counterclaim\n\nor a cross-claim may proceed to trial and judgment thereon may be\n\nrendered even if the claim of the opposing party has been dismissed\n\nor otherwise disposed of.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"deced0186ac39370793bed7eda51e0d386bb65b2bc978d63844a69b5de952346","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2012","next":"us-ok/okla.-stat.-tit.-12-12-2014"},"notice":"GroundRules: Original legal text. Not legal advice."}