---
title: "Advise on a counterclaim or a crossclaim"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-a-cross-claim-by-a-respondent/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-LA20261022-13-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Advise on a counterclaim or a crossclaim

> From the instructions, record who the claim would be against, whether that person is an opposing party or a coparty, and the relief sought, including any claim that the coparty is or may be liable for all or part of a…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-a-cross-claim-by-a-respondent/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the instructions, record who the claim would be against, whether that person is an opposing party or a coparty, and the relief sought, including any claim that the coparty is or may be liable for all or part of a claim asserted against the client. Do not decide that the claim must be pleaded and do not draft it. |
| What the lawyer must review | You decide whether the claim is a compulsory counterclaim, a permissive counterclaim, or a crossclaim, and you write it. A pleading must state as a counterclaim any claim the pleader has against an opposing party at the time of service if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require adding a party over whom the court cannot acquire jurisdiction. The rule states two exceptions, including a claim that was already the subject of another pending action when this action was commenced. Any other claim against an opposing party may be stated as a permissive counterclaim. A crossclaim against a coparty is permitted if it arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if it relates to property that is the subject matter of the original action, and it may include a claim for all or part of the liability asserted against the crossclaimant. Rules 19 and 20 govern adding a person to a counterclaim or crossclaim. Presenting the pleading is a Rule 11 certification. Formal Opinion 512 requires you to review generated allegations and citations before filing. |
| Written for | United States |
| Applies to | [Advise on a cross-claim by a respondent](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-a-cross-claim-by-a-respondent.md) |

## Checking plan

- What the AI does: From the instructions, record who the claim would be against, whether that person is an opposing party or a coparty, and the relief sought, including any claim that the coparty is or may be liable for all or part of a claim asserted against the client. Do not decide that the claim must be pleaded and do not draft it.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A compulsory counterclaim that is not pleaded can be barred. You decide whether the claim arises out of the same transaction or occurrence.
- A crossclaim under Rule 13(g) is against a coparty. A claim against an opposing party is a counterclaim.
- These rules do not expand the right to counterclaim against the United States. State pleading rules differ.

## Sources

- [Federal Rule of Civil Procedure 13, Counterclaim and Crossclaim](https://www.law.cornell.edu/rules/frcp/rule_13) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 11, Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions](https://www.law.cornell.edu/rules/frcp/rule_11) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*