Civil Procedure II
If a counterclaim arises out of the same transaction or occurrence as the plaintiff's claim, it is a compulsory counterclaim. Rule 13(a).
If a compulsory counterclaim is not made, the defendant is precluded from raising it later. R2J § 22.
- Where the court has no jurisdiction over a necessary missing party. Rule 13(a)(1)(B).
- When the defendant has already filed a suit elsewhere on that claim. Rule 13(a)(2)(A).
- When the defendant's claim has not yet accrued at the time of the plaintiff's suit. Rule 13(e).
- Virginia does not have compulsory counterclaim.