Kansas Statutes Annotated

K.S.A. § 60-213 (2026)

Counterclaims and cross-claims

✓ current as of May 2026

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60-213. Counterclaims and cross-claims. (a) Compulsory counterclaims. (1) In general. A pleading must state as a counterclaim any claim that, at the time of its service, the pleader has against an opposing party if the claim:

(A) Arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and

(B) does not require adding another party over whom the court cannot acquire jurisdiction.

(2) Exceptions. The pleader need not state the claim if:

(A) When the action was commenced, the claim was the subject of another pending action; or

(B) the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this section.

(b) Permissive counterclaims. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

(c) Relief sought in a counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.

(d) Effect of death or limitations. If a party's claim arises out of the contract or transaction that is the basis of an opposing party's claim or is connected with the subject of the action and it could have been asserted as a counterclaim or crossclaim against a person if the person had asserted a claim against the party previously, the party's claim is not extinguished by: (i) An assignment by the person; (ii) the death of the person; or (iii) the expiration of the statute of limitations. However, the party's claim may be asserted in these circumstances only to the extent that it does not exceed the amount awarded to the opposing party.

(e) Counterclaim maturing or acquired after pleading. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.

(f) Compulsory crossclaim against a co-party. When a claim is governed by K.S.A. 60-258a, and amendments thereto, a party must state as a crossclaim any claim that party has against any co-party, if the claim arises out of the transaction or occurrence that is the subject matter of the claim governed by K.S.A. 60-258a, and amendments thereto.

(g) Permissive crossclaim against a co-party. A pleading may state as a crossclaim any claim by one party against a co-party, if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the co-party is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.

(h) Joining additional parties. K.S.A. 60-219 and 60-220, and amendments thereto, govern the addition of a person as a party to a counterclaim or crossclaim.

(i) Separate trials; separate judgments. If the court orders separate trials under subsection (b) of K.S.A. 60-242, and amendments thereto, it may enter judgment on a counterclaim or crossclaim under subsection (b) of K.S.A. 60-254, and amendments thereto, when it has jurisdiction to do so, even if the opposing party's claims have been dismissed or otherwise resolved.

(j) Appealed and removed actions. When an action filed pursuant to chapter 61 of the Kansas Statutes Annotated is transferred as provided in K.S.A. 61-2910, and amendments thereto, or an action heard by a district magistrate judge is appealed, any counterclaim or crossclaim made compulsory by subsection (a) or (f) must be stated in an amended pleading within 21 days after service of the order of transfer or notice of appeal, or such other time as the court allows. Other counterclaims and crossclaims are permitted as provided in this chapter.

History: L. 1963, ch. 303, 60-213; amended by Supreme Court order dated July 17, 1969; L. 1976, ch. 251, § 3; L. 1986, ch. 115, § 90; L. 1986, ch. 215, § 2; L. 1986, ch. 215, § 3; L. 2000, ch. 161, § 110; L. 2010, ch. 135, § 80; July 1.

Notes of Decisions

Cited in 54 cases (6 in the last 5 years), 1965–2025 · leading case: Arceo v. City of Junction City, Kansas, 182 F. Supp. 2d 1062 (D. Kan. 2002).

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Arceo v. City of Junction City, Kansas, 182 F. Supp. 2d 1062 (D. Kan. 2002). · cites it 10× “While K.S.A. § 60-213 does not explicitly provide that failure to plead a compulsory counterclaim precludes the pleader from asserting it in a subsequent action, the Kansas courts have consistently applied the statute in that fashion.”

Mynatt v. Collis, 57 P.3d 513 (Kan. 2002). · cites it 3× “60-213(d) states: “When cross demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim or cross-claim could have been set up, neither can be deprived of the benefit thereof by the assignment or death of…”

Mohr v. State Bank of Stanley, 734 P.2d 1071 (Kan. 1987). · cites it 3× “” K.S.A. 1986 Supp. 60-213 speaks of presenting a counterclaim in a pleading.”

Gaulden v. Burlington N., Inc., 654 P.2d 383 (Kan. 1982). · cites it 4× “Third, the railroad, in a timely responsive pleading, asserted a cross-claim against James, contending James was liable to the railroad for any sum the plaintiff might be awarded against the railroad in this action under K.S.A. 60-213( g ). James subsequently settled with the…”

United States Fid. & Guar. Co. v. Maish, 908 P.2d 1329 (Kan. Ct. App. 1995). · cites it 4× “Compulsory counterclaims are defined by K.S.A. 60-213(a), and the relevant portions of that statute read as follows: “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…”

Unified Sch. Dist. No. 490 v. Celotex Corp., 629 P.2d 196 (Kan. Ct. App. 1981). · cites it 2× “Admittedly, Sunflower's right to indemnity would not be barred by the statute of limitations (K.S.A. 60-213[ d ]); but the jury did not award damages to Sunflower on that basis and we are not directed to any instructions that were given or requested that would have allowed such…”

Haysville U.S.D. No. 261 v. GAF Corp., 666 P.2d 192 (Kan. 1983). · cites it 2× “60-212 and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in K.S.A. 60-213. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff s claim.”

William R. Imler, As Successor Tr. of the Virginia L. Imler Trust v. First Bank of Missouri, 451 S.W.3d 282 (Mo. Ct. App. 2014). · cites it 4× “K.S.A. 60-213(a) 5 provides: (a) Compulsory counterclaims.”

Russell v. Cmty. Hosp. Ass'n, Inc., 428 P.2d 783 (Kan. 1967). · cites it 4× “The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff’s claim as provided in section 60-212 and his counterclaims against the third-party plaintiff and cross-claims against…”

Banister v. Carnes, 675 P.2d 906 (Kan. Ct. App. 1983). · cites it 5× “” K.S.A. 60-213(a). As the heading of K.S.A.”

Layne Christensen Co. v. Bro-Tech Corp., 836 F. Supp. 2d 1203 (D. Kan. 2011). · cites it 5× “*1215 Indeed, K.S.A. § 60-213, relating to counterclaims, provides as follows: If a party’s claim arises out of the contract or transaction that is the basis of an opposing party’s claim .”

Loving v. Fed. Land Bank of Wichita, 766 P.2d 802 (Kan. 1988). · cites it 7× “K.S.A. 1987 Supp. 60-213(a). We affirm. The facts, although complicated, are not seriously in dispute.”

Show all 54 citing cases →

— K.S.A. § 60-213(a) — 18 cases

Arceo v. City of Junction City, Kansas, 182 F. Supp. 2d 1062 (D. Kan. 2002). “While K.S.A. § 60-213 does not explicitly provide that failure to plead a compulsory counterclaim precludes the pleader from asserting it in a subsequent action, the Kansas courts have consistently applied the statute in that fashion.”

Mohr v. State Bank of Stanley, 734 P.2d 1071 (Kan. 1987). “” K.S.A. 1986 Supp. 60-213 speaks of presenting a counterclaim in a pleading.”

Banister v. Carnes, 675 P.2d 906 (Kan. Ct. App. 1983). “” K.S.A. 60-213(a). As the heading of K.S.A.”

United States Fid. & Guar. Co. v. Maish, 908 P.2d 1329 (Kan. Ct. App. 1995). “Compulsory counterclaims are defined by K.S.A. 60-213(a), and the relevant portions of that statute read as follows: “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…”

Loving v. Fed. Land Bank of Wichita, 766 P.2d 802 (Kan. 1988). “K.S.A. 1987 Supp. 60-213(a). We affirm. The facts, although complicated, are not seriously in dispute.”

— K.S.A. § 60-213(a)(1) — 1 case

Discover Bank v. May (Kan. Ct. App. 2024).

— K.S.A. § 60-213(a)(1)(A) — 1 case

Bhaduri v. L.M.K. Constr., Inc. (Kan. Ct. App. 2022).

— K.S.A. § 60-213(a)(2) — 1 case

William R. Imler, As Successor Tr. of the Virginia L. Imler Trust v. First Bank of Missouri, 451 S.W.3d 282 (Mo. Ct. App. 2014). “K.S.A. 60-213(a) 5 provides: (a) Compulsory counterclaims.”

— K.S.A. § 60-213(a)(2)(B) — 1 case

William R. Imler, As Successor Tr. of the Virginia L. Imler Trust v. First Bank of Missouri, 451 S.W.3d 282 (Mo. Ct. App. 2014). “K.S.A. 60-213(a) 5 provides: (a) Compulsory counterclaims.”

— K.S.A. § 60-213(b) — 1 case

City of Wichita v. United States Gypsum Co., 828 F. Supp. 851 (D. Kan. 1993).

— K.S.A. § 60-213(d) — 6 cases

Mynatt v. Collis, 57 P.3d 513 (Kan. 2002). “60-213(d) states: “When cross demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim or cross-claim could have been set up, neither can be deprived of the benefit thereof by the assignment or death of…”

Layne Christensen Co. v. Bro-Tech Corp., 836 F. Supp. 2d 1203 (D. Kan. 2011). “*1215 Indeed, K.S.A. § 60-213, relating to counterclaims, provides as follows: If a party’s claim arises out of the contract or transaction that is the basis of an opposing party’s claim .”

Belger Cartage Serv., Inc. v. Holland Constr. Co., 582 P.2d 1111 (Kan. 1978).

Hatfield v. Burlington N. R.R., 747 F. Supp. 634 (D. Kan. 1990).

Nash Finch Co. v. Caspar, 813 F. Supp. 1497 (D. Kan. 1993).

— K.S.A. § 60-213(e) — 3 cases

Atchison Cnty. Farmers Union Co-Op Ass'n v. Turnbull, 736 P.2d 917 (Kan. 1987).

Dick v. ReWell (Kan. Ct. App. 2024).

— K.S.A. § 60-213(g) — 5 cases

Gaulden v. Burlington N., Inc., 654 P.2d 383 (Kan. 1982). “Third, the railroad, in a timely responsive pleading, asserted a cross-claim against James, contending James was liable to the railroad for any sum the plaintiff might be awarded against the railroad in this action under K.S.A. 60-213( g ). James subsequently settled with the…”

Joseph Mfg. Co. v. Olympic Fire Corp., 781 F. Supp. 718 (D. Kan. 1991).

Albertson v. Volkswagenwerk Aktiengesellschaft, 634 P.2d 1127 (Kan. 1981).

Cook v. Freeman, 825 P.2d 1185 (Kan. Ct. App. 1992).

Joseph Mfg. Co., Inc., & Safeco Ins. Co. of Am. v. Olympic Fire Corp., 986 F.2d 416 (10th Cir. 1993).

— K.S.A. § 60-213(h) — 1 case

Kansas Pub. Employees Ret. Sys. v. Reimer & Koger Assocs., Inc., 927 P.2d 466 (Kan. 1996).

— K.S.A. § 60-213(j) — 1 case

Brennan v. Kunzle, 154 P.3d 1094 (Kan. Ct. App. 2007).

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