RULE 13. COUNTERCLAIMS AND CROSSCLAIMS.

1. A responsive pleading shall state as a counterclaim any claim which at time of serving the pleading the pleader had against the opposing party if it arises out of the transition 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.  The pleader need not state the claim if at the time the action was commenced the claim was the subject of another pending action or the opposing party brought suit on his claim by attachment or other process by which the Court did not acquire jurisdiction to render a personal judgment on the claim, and the pleader is not standing any counterclaim under Rule 13 of the claim is not one over which the Court would have jurisdiction if brought as an original action.
2. 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.
3. A counterclaim may diminish in part or defeat totally the recovery sought by the opposing party.  It may claim relief exceeding an amount or different in kind from that sought in the pleading of the opposing party.
4. A claim which either matured or was acquired by the pleader after service his responsive pleading may, with the permission of the Court, be presented as a counterclaim by a supplemental pleading.
5. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect or when justice requires, he may with the permission of the Court set up a counterclaim by amendment of his pleading.
6. A pleading may state as a crossclaim any claim by one party against a co-party arising out of the transaction or occurrences that is the subject matter either of the original action or of a counterclaim or relating to any property that is the subject matter of the original action.  Such crossclaim may include a claim that the party against whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
7. Persons other than those made parties to the original action may be made parties to a counterclaim or crossclaim in accordance with the provision of Rule 19 and Rule 20.
8. If the Court orders separate trials pursuant to these rules, then and in such event judgment on a counterclaim or crossclaim may be rendered when the Court has jurisdiction to do so even if the claim of the opposing party has been dismissed or otherwise disposed of.