Fla. R. Civ. P. 1.170

Counterclaims and Crossclaims

sha256 3b636301546ff5add4800038d06269fe… · retrieved 7/11/2026, 11:08:21 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.170. 	COUNTERCLAIMS AND CROSSCLAIMS
(a) 	Compulsory Counterclaims. A pleading must state as a
counterclaim any claim which at the time of serving the pleading
the pleader has against any opposing party, provided 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 over whom the court cannot acquire
jurisdiction. But the pleader need not state a 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 on that
party’s 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 stating a counterclaim under this rule.
(b) 	Permissive Counterclaim. 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.
(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. These rules shall not
be construed to enlarge beyond the limits established by law the
right to assert counterclaims or to claim credits against the state or
any of its subdivisions or other governmental organizations thereof
subject to suit or against a municipal corporation or against an
officer, agency, or administrative board of the state.
(e) 	Counterclaim Maturing or Acquired after Pleading. A
claim which matured or was acquired by the pleader after serving
the pleading may be presented as a counterclaim by supplemental
pleading with the permission of the court.
(f) 	Omitted Counterclaim or Crossclaim. When a pleader
fails to set up a counterclaim or crossclaim through oversight,
inadvertence, or excusable neglect, or when justice requires, the
pleader may set up the counterclaim or crossclaim by amendment
with leave of the court.
(g) 	Crossclaim against Co-Party. A pleading may state as a
crossclaim any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter of either
the original action or a counterclaim therein, or relating to any
property that is the subject matter of the original action. The
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. Service of a
crossclaim on a party who has appeared in the action must be
made under Florida Rule of General Practice and Judicial
Administration. Service of a crossclaim against a party who has not
appeared in the action must be made in the manner provided for
service of summons.
(h) 	Additional Parties May Be Brought In. When the
presence of parties other than those to the original action is
required to grant complete relief in the determination of a
counterclaim or crossclaim, they must be named in the
counterclaim or crossclaim and be served with process and must be
parties to the action thereafter if jurisdiction of them can be
obtained and their joinder will not deprive the court of jurisdiction

of the action. Rules 1.250(b) and (c) apply to parties brought in
under this subdivision.
(i) 	Separate Trials; Separate Judgment. If the court orders
separate trials as provided in rule 1.270(b), judgment on a
counterclaim or crossclaim may be rendered when the court has
jurisdiction to do so even if a claim of the opposing party has been
dismissed or otherwise disposed of.
(j) 	Demand Exceeding Jurisdiction; Transfer of Action. If
the demand of any counterclaim or crossclaim exceeds the
jurisdiction of the court in which the action is pending, the action
must be transferred immediately to the court of the same county
having jurisdiction of the demand in the counterclaim or crossclaim
with only such alterations in the pleadings as are essential. The
court must order the transfer of the action and the transmittal of all
documents in it to the proper court if the party asserting the
demand exceeding the jurisdiction deposits with the court having
jurisdiction a sum sufficient to pay the clerk’s service charge in the
court to which the action is transferred at the time of filing the
counterclaim or crossclaim. Thereupon the original documents and
deposit must be transmitted and filed with a certified copy of the
order. The court to which the action is transferred shall have full
power and jurisdiction over the demands of all parties. Failure to
make the service charge deposit at the time the counterclaim or
crossclaim is filed, or within such further time as the court may
allow, will reduce a claim for damages to an amount within the
jurisdiction of the court where the action is pending and waive the
claim in other cases.
Committee Notes
1972 Amendment. Subdivision (h) is amended to conform
with the philosophy of the 1968 amendment to rule 1.250(c). No
justification exists to require more restrictive joinder provisions for
counterclaims and crossclaims than is required for the initial
pleading. The only safeguard required is that joinder does not
deprive the court of jurisdiction. Subdivision (j) is amended to
require deposit of the service charge for transfer when a
counterclaim or crossclaim exceeding the jurisdiction of the court in

which the action is pending is filed. This cures a practical problem
when the defendant files a counterclaim or crossclaim exceeding the
jurisdiction but neglects to pay the service charge to the court to
which the action is transferred. The matter then remains in limbo
and causes procedural difficulties in progressing the action.
1988 Amendment. The last 2 sentences were added to
subdivision (g) to counter the construction of these rules and
section 48.031(1), Florida Statutes, by an appellate court in
Fundaro v. Canadiana Corp., 409 So. 2d 1099 (Fla. 4th DCA 1982),
to require service of all crossclaims with summons pursuant to rule
1.070. The purpose of this amendment is to make it clear that
crossclaims must be served as initial pleadings only against a party
who has not previously entered an appearance in the action.
2012 Amendment. Subdivision (g) is amended to reflect the
relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin.
2.516.

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