Rule 13 - Counterclaim and Cross-claim(a) Reserved. COMMENTS:
Not changed.
(b) Counterclaims. A pleading shall state as a counterclaim any claim against an opposing party but the relief shall not exceed the jurisdictional limitations of the court. COMMENTS:
Changed to delete confusing language and to clarify that the limitation is the jurisdictional limit as stated by law.
(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. COMMENTS:
Adopts HRCP Rule 13(c) verbatim. Changes from DCRCP Rule 13(c) are in form only.
(d) Counterclaim against the state. These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the State or a county, or an officer or agency of the State or a county. COMMENTS:
Not changed.
(e) Counterclaim maturing or acquired after pleading. A claim which either matured or was acquired by the pleader after serving its pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading. COMMENTS:
Not changed except to gender neutral language.
(f) Omitted counterclaim. When a pleader fails to file a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may by leave of court file the counterclaim. COMMENTS:
Changed to gender neutral language.
(g) Cross-claim 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 either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such 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. COMMENTS:
Not changed.
(h) Joinder of Additional parties. Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Rules 19 and 20. COMMENTS:
Adopts HRCP Rule 13(h) verbatim.
(i) Separate trials; separate judgment. If the court orders separate trials as provided in Rule 42(b), judgment on counterclaim or crossclaim may be rendered in accordance with the terms of Rule 54(b), even if the claims of the opposing party have been dismissed or otherwise disposed of. Haw. Dis. Ct. R. Civ. P. 13