LAW 522-001 – Civil Procedure II
- 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.
A "logical relationship" exists when the counterclaim arises from the same "aggregate of operative facts" in that the same operative facts serve as the basis of both claims or the aggregate core of facts upon which the claim rests activates additional legal rights, otherwise dormant, in the defendant. Plant v. Blazer Financial Services.
The minority uses the same evidence test, which states that a claim and counterclaim arise from the same transaction or occurrence when substantially the same evidence will support or refute plaintiff's claim as well as defendant's counterclaim. Plant v. Blazer Financial Services.
This is a narrower test than the logical relationship test.