13.06 Omitted counterclaim

If you forgot to include a counterclaim in your original court papers, this rule gives you a way to fix that mistake. A counterclaim is a claim you bring against the person who sued you, as part of the same case.

You can ask the court for permission to add the counterclaim later, even though you left it out the first time. This works if you missed it by accident, made an honest mistake, or simply forgot. It can also apply if adding the claim is simply the fair thing to do, even without a specific excuse.

You cannot add the counterclaim on your own. You have to ask the judge for permission first. If the judge agrees, you can then amend your court papers to include the counterclaim you missed.