Oklahoma § 12-2013

§ 12-2013.

Counterclaim and cross-claim.

COUNTERCLAIM AND CROSS-CLAIM

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 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 pursuant to this section.

B. PERMISSIVE COUNTERCLAIMS; CONTINGENT COUNTERCLAIMS.

1. 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.

2. A pleading may state as a counterclaim against an opposing

party a contingent claim that the opposing party may be liable to

the counterclaimant for all or part of a claim asserted in the

action against the counterclaimant.

Oklahoma Statutes - Title 12. Civil Procedure

C. COUNTERCLAIM EXCEEDING OPPOSING CLAIMS; STATUTES OF

LIMITATION. 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. Where a counterclaim and the claim

of the opposing party arise out of the same transaction or

occurrence, the counterclaim shall not be barred by a statute of

limitation notwithstanding that it was barred at the time the

petition was filed, and the counterclaimant shall not be precluded

from recovering an affirmative judgment. Where a counterclaim and

the claim of the opposing party:

1. Do not arise out of the same transaction or occurrence;

2. Both claims are for money judgments;

3. Both claims had accrued before either was barred by a

statute of limitation; and

4. The counterclaim is barred by a statute of limitation at the

time that it is asserted, whether in an answer or an amended answer,

the counterclaim may be asserted only to reduce the opposing party's

claim.

Where a counterclaim was barred by a statute of limitation

before the claim of the opposing party arose, the barred

counterclaim cannot be used for any purpose.

D. COUNTERCLAIMS AGAINST ASSIGNED CLAIMS. A party, other than

a holder in due course, who acquires a claim by assignment or

otherwise, takes the claim subject to any defenses or counterclaims

that could have been asserted against the person from whom he

acquired the claim, but the recovery on a counterclaim may be

asserted only to reduce the recovery of the opposing party.

E. CLAIM 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 or a cross-claim by supplemental pleading.

F. OMITTED COUNTERCLAIM. When a pleader fails to set up an

omitted counterclaim by amendment within twenty (20) days after

service as authorized by subsection A of Section 2015 of this title,

he may with leave of court or by written consent of the adverse

party set up the counterclaim by amendment where the failure to

assert it was due to oversight, inadvertence, excusable neglect, or

where justice requires.

G. CROSS-CLAIMS. A pleading may state as a cross-claim any

claim by one party against any party who is not an opposing party

arising out of the transaction or occurrence that is the subject

matter either of the original action or of a claim therein or

relating to any property that is the subject matter of the original

action. A cross-claim may assert a claim that the party against

whom it is asserted is or may be liable to the cross-claimant for

Oklahoma Statutes - Title 12. Civil Procedure

all or part of a claim asserted in the action against the crossclaimant.

H. JOINDER OF ADDITIONAL PARTIES. Persons other than those

made parties to the original action may be made parties to a

counterclaim or cross-claim in accordance with the provisions of

Sections 2019 and 2020 of this title.

I. SEPARATE TRIALS; SEPARATE JUDGMENTS. A court may order

separate trials of a counterclaim or a cross-claim. A counterclaim

or a cross-claim may proceed to trial and judgment thereon may be

rendered even if the claim of the opposing party has been dismissed

or otherwise disposed of.

Added by Laws 1984, c. 164, § 13, eff. Nov. 1, 1984. Amended by

Laws 1986, c. 227, § 6, eff. Nov. 1, 1986; Laws 1988, c. 181, § 2,

eff. Nov. 1, 1988.