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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 11. CIVIL PRACTICE ACT · Article 3. PLEADINGS AND MOTIONS

9-11-13. Counterclaim and cross-claim.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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.#

  2. (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.#

  3. (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.#

  4. (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.#

  5. (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.#

  6. (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.#

  7. (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.#

  8. (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.#

  9. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1966, p. 609, § 13.

Cross references

Time limitations on commencement of prosecution and enforcement of rights by way of counterclaim and cross-claim, § 9-3-97. Form for setting forth counterclaim or cross-claim in conjunction with setting forth of defenses under § 9-11-12(b), § 9-11-120.

Law reviews

For article discussing counterclaims and crossclaims under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 205 (1967). For article, ‘‘Current Problems with Venue in Georgia,’’ see 12 Ga. St. B.J. 71 (1975). For article surveying 1981-1982 Eleventh Circuit cases involving civil practice and procedure, see 34 Mercer L. Rev. 1363 (1983). For article, ‘‘Compulsory Cross-Claims?,’’ see 5 Ga. St. B.J. 48 (1999). For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004). For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006). For case comment, ‘‘Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem,’’ see 21 Ga. L. Rev. 429 (1986).

Other notes

U.S. Code.
For provisions of Federal Rules of Civil Procedure, Rule 13, see 28 U.S.C.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch11-(v7)-2015-pdf.pdf, Volume V7, 2015 edition, pages 272 to 273; merge action: annotated; file SHA-256 3e6a3f858b06.

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O.C.G.A. § 9-11-13. Counterclaim and cross-claim. | Georgia Commons