permissive counterclaim

A permissive counterclaim is a claim brought by a defendant against a plaintiff that does not arise from the same transaction or occurrence as the plaintiff’s claim. Because it is unrelated to the plaintiff’s claim, failure to raise it in the pending action does not result in waiver, and the defendant may bring a separate, independent action on the claim.

See:  Federal Rules of Civil Procedure - Rule 13. Counterclaim and Crossclaim

[Last reviewed in August of 2025 by the Wex Definitions Team] 

Keywords

• civil procedure

Wex

• THE LEGAL PROCESS
• wex definitions
• civil procedure
• courts and procedure
• legal education and practice