Minnesota State Court Counterclaim & Cross-Claim

DEFENDANT'S COUNTERCLAIM AND CROSS-CLAIM

State of Minnesota — District Court

IMPORTANT INSTRUCTIONS FOR ATTORNEYS

1. Replace every bracketed placeholder with case-specific information.
2. COMPULSORY counterclaims — Minn. R. Civ. P. 13.01. A pleading "shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction," except that the claim need not be stated if, when the action was commenced, it was the subject of another pending action. A compulsory counterclaim omitted from the pleading is generally barred.
3. PERMISSIVE counterclaims — Minn. R. Civ. P. 13.02. A pleading "may state as a counterclaim any claim against an opposing party not arising out of the transaction that is the subject matter of the opposing party's claim."
4. Counterclaim relief — Minn. R. Civ. P. 13.03. A counterclaim may or may not diminish or defeat the opposing party's recovery and may claim relief exceeding in amount or different in kind from that sought by the opposing party.
5. Cross-claim — Minn. R. Civ. P. 13.07. A cross-claim against a co-party must arise out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or relate to property that is the subject matter of the original action. It may include a claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted against the cross-claimant (indemnity/contribution).
6. Time to serve — Minn. R. Civ. P. 12.01. The defendant serves the Answer (with any counterclaim/cross-claim) within 21 days after service of the summons. A party served with a cross-claim serves an answer within 21 days; the plaintiff serves a reply to a counterclaim within 21 days after service of the answer.
7. Omitted / after-acquired counterclaims. A matured-or-later-acquired counterclaim may be presented by supplemental pleading (Rule 13.05), and an omitted counterclaim may be set up by amendment by leave of court (Rule 13.06).
8. Service-first practice. In Minnesota, pleadings are typically served before filing. Serve under Minn. R. Civ. P. 5; file under Minn. R. Civ. P. 5.04.
9. Remove all instructional notes before filing.

CAPTION

STATE OF MINNESOTA            DISTRICT COURT

COUNTY OF [____________]       [____________] JUDICIAL DISTRICT

Case Type: [____________]       Court File No. [____________]

DEFENDANT'S COUNTERCLAIM AND CROSS-CLAIM

Defendant [DEFENDANT NAME] ("Counterclaim Plaintiff"), by and through undersigned counsel, and pursuant to Minn. R. Civ. P. 13, states the following Counterclaim against Plaintiff [PLAINTIFF NAME] ("Counterclaim Defendant") and Cross-Claim against Co-Defendant [CO-DEFENDANT NAME] ("Cross-Claim Defendant"):

I. PARTIES

1. Counterclaim Plaintiff [DEFENDANT NAME] is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [____________], with a [residence / principal place of business] in [____________] County, Minnesota.

2. Counterclaim Defendant [PLAINTIFF NAME] is the Plaintiff in this action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [____________].

3. Cross-Claim Defendant [CO-DEFENDANT NAME] is a co-Defendant in this action and is, and at all relevant times was, a [individual / corporation / LLC] [residing in / organized under the laws of] [____________].

4. Classification. The counterclaim(s) asserted below are:

☐ Compulsory under Minn. R. Civ. P. 13.01 because they arise out of the transaction that is the subject matter of the Counterclaim Defendant's claim.

☐ Permissive under Minn. R. Civ. P. 13.02 because they do not arise out of that transaction.

II. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over this Counterclaim and Cross-Claim, which are ancillary to the pending civil action and within the general jurisdiction of the District Court.

6. Venue is proper in this County under Minn. Stat. § 542.01 et seq. because [the original action is pending here / a party resides here / the cause of action arose here].

7. This Court has personal jurisdiction over the Counterclaim Defendant and the Cross-Claim Defendant, each of whom [is a Minnesota resident / transacts business in Minnesota / has appeared in this action].

III. FACTUAL ALLEGATIONS

8. On or about [__/__/____], the Counterclaim Plaintiff and the Counterclaim Defendant [entered into / engaged in] [describe the agreement, relationship, or transaction].

9. [State the operative facts, numbered separately. Add as many paragraphs as needed.]

10. [____________]

11. [____________]

12. The Counterclaim Defendant breached its obligations and/or engaged in wrongful conduct that has damaged the Counterclaim Plaintiff, as alleged below.

13. With respect to the Cross-Claim, the Cross-Claim Defendant [describe the co-party's role in the same transaction or occurrence, or the relationship giving rise to indemnity/contribution].

IV. COUNTERCLAIM — COUNT I: BREACH OF CONTRACT (Against Counterclaim Defendant)

14. The Counterclaim Plaintiff re-alleges and incorporates Paragraphs 1 through 13 as though fully set forth herein.

15. The Counterclaim Plaintiff and the Counterclaim Defendant entered into a valid and enforceable contract, the [Contract Name / Agreement] dated [__/__/____] (a true and correct copy of which is attached as Exhibit A and incorporated by reference).

16. The Counterclaim Plaintiff performed all of its obligations under the Agreement, or was excused from performance.

17. The Counterclaim Defendant materially breached the Agreement by [describe the breach].

18. As a direct and proximate result, the Counterclaim Plaintiff has suffered damages in an amount to be proven at trial but in excess of $[____________], together with interest, costs, and other relief permitted by law.

V. COUNTERCLAIM — COUNT II: UNJUST ENRICHMENT (Against Counterclaim Defendant)

19. The Counterclaim Plaintiff re-alleges and incorporates Paragraphs 1 through 18 as though fully set forth herein.

20. The Counterclaim Plaintiff conferred a benefit upon the Counterclaim Defendant, namely [describe benefit — money, goods, services, or property].

21. The Counterclaim Defendant knowingly received and retained that benefit.

22. Under the circumstances, it would be inequitable and unjust for the Counterclaim Defendant to retain the benefit without paying its reasonable value.

23. The Counterclaim Plaintiff is entitled to recover the value of the benefit conferred, in an amount to be proven at trial but in excess of $[____________].

VI. COUNTERCLAIM — COUNT III: [OTHER CLAIM] (Against Counterclaim Defendant)

24. The Counterclaim Plaintiff re-alleges and incorporates Paragraphs 1 through 23 as though fully set forth herein.

25. [State the elements and supporting facts — e.g., fraud/misrepresentation (pleaded with particularity under Minn. R. Civ. P. 9.02), conversion, breach of warranty, or a claim under Minn. Stat. § 325F.69 / § 8.31 for deceptive trade practices.]

26. [____________]

27. As a direct and proximate result, the Counterclaim Plaintiff has been damaged in an amount to be proven at trial but in excess of $[____________].

VII. CROSS-CLAIM AGAINST CO-DEFENDANT (Pursuant to Minn. R. Civ. P. 13.07)

28. The Cross-Claimant re-alleges and incorporates Paragraphs 1 through 27 as though fully set forth herein.

29. Pursuant to Minn. R. Civ. P. 13.07, the Cross-Claimant asserts this Cross-Claim against the Cross-Claim Defendant [CO-DEFENDANT NAME] because the claim arises out of the transaction or occurrence that is the subject matter of the original action [and/or of a counterclaim therein] [and/or relates to property that is the subject matter of the original action].

Count IV — Indemnification (Against Cross-Claim Defendant)

30. By reason of [the parties' agreement / their respective roles in the underlying events / operation of law], if the Counterclaim Plaintiff is held liable to the Plaintiff on the Complaint, such liability is attributable to the conduct of the Cross-Claim Defendant, who is obligated to indemnify the Cross-Claimant for all or part of any judgment, together with costs and attorney fees.

Count V — Contribution (Against Cross-Claim Defendant)

31. In the alternative, if the Cross-Claimant and the Cross-Claim Defendant are determined to be jointly liable to the Plaintiff, the Cross-Claimant is entitled to contribution for the Cross-Claim Defendant's proportionate share of any common liability, consistent with Minn. Stat. § 604.02 (apportionment of fault among multiple tortfeasors).

Count VI — [Direct Claim Against Co-Defendant, if any]

32. [State any independent claim the Cross-Claimant has against the Cross-Claim Defendant arising from the same transaction or occurrence — e.g., breach of a subcontract or other agreement, negligence — with supporting facts.]

33. As a result, the Cross-Claimant has been or will be damaged in an amount to be proven at trial.

VIII. DEMAND FOR JURY TRIAL

(Select one — Minn. R. Civ. P. 38)

☐ The Counterclaim Plaintiff / Cross-Claimant demands a trial by jury on all issues so triable.

☐ The Counterclaim Plaintiff / Cross-Claimant does not demand a jury trial.

IX. PRAYER FOR RELIEF

WHEREFORE, the Counterclaim Plaintiff / Cross-Claimant respectfully requests that this Court:

A. Enter judgment in favor of the Counterclaim Plaintiff and against the Counterclaim Defendant on each Count of the Counterclaim;

B. Award compensatory damages in an amount in excess of $[____________], to be proven at trial;

C. Enter judgment in favor of the Cross-Claimant and against the Cross-Claim Defendant on the Cross-Claim, including indemnification and/or contribution for all or part of any judgment entered against the Counterclaim Plaintiff in the original action;

D. Award pre-verdict and post-judgment interest under Minn. Stat. § 549.09 and applicable law;

E. Award costs, disbursements, and attorney fees as permitted by law, court rule, or contract; and

F. Grant such other and further relief as this Court deems just and equitable.

ACKNOWLEDGMENT (Minn. Stat. § 549.211)

The undersigned acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211 to the opposing party or parties in this action if the Court should find that the undersigned acted in bad faith; asserted a claim or defense that is frivolous and that is costly to the other party; asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass; or committed a fraud upon the Court.

SIGNATURE BLOCK

Respectfully submitted,

[FIRM NAME]

By: ________________________________________
[ATTORNEY NAME] (Atty. Reg. No. [____________])
Attorney for Defendant / Counterclaim Plaintiff / Cross-Claimant
[STREET ADDRESS]
[CITY], Minnesota [ZIP]
Telephone: [____________]
Email: [____________]

Date: [__/__/____]

VERIFICATION

________________________________________
[NAME]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a copy of the foregoing Defendant's Counterclaim and Cross-Claim upon all parties of record (and upon any newly joined party in the manner provided for original process), in accordance with Minn. R. Civ. P. 5, by:

☐ E-service through the Minnesota eFile and eServe (MNCIS) system

☐ U.S. mail, first-class, postage prepaid

☐ Hand delivery

☐ Email (with consent of the recipient under Minn. R. Civ. P. 5.02)

addressed as follows:

[COUNTERCLAIM DEFENDANT'S COUNSEL — NAME, FIRM, ADDRESS, EMAIL]

[CROSS-CLAIM DEFENDANT / NEWLY JOINED PARTY — NAME, ADDRESS, EMAIL]

________________________________________
[NAME]

MINNESOTA PRACTICE NOTES

• Compulsory vs. permissive. Minnesota distinguishes compulsory counterclaims (Rule 13.01 — same transaction as the subject matter of the opposing claim; barred if not asserted) from permissive counterclaims (Rule 13.02 — any claim not arising out of that transaction). A compulsory counterclaim omitted from the Answer is generally barred under res judicata principles.
• Narrower exception than the federal rule. Minn. R. Civ. P. 13.01 contains only the "already-pending action" exception; it omits the FRCP 13(a) attachment/in-rem exception. Confirm whether any exception applies before declining to plead a same-transaction claim.
• Cross-claim transactional limit. A Rule 13.07 cross-claim against a co-party must arise from the same transaction or occurrence as the original action or a counterclaim, or relate to property at issue; indemnity and contribution claims are expressly permitted.
• Service-first practice. Minnesota commences actions by service, and pleadings (including the Answer with counterclaim/cross-claim) are served on the opposing party before filing. Serve under Minn. R. Civ. P. 5 and file under Minn. R. Civ. P. 5.04 (and observe the one-year filing deadline of Rule 5.04(a)).
• Time to respond. A party served with a counterclaim or cross-claim serves a responsive pleading within 21 days. Minn. R. Civ. P. 12.01.
• Section 549.211 acknowledgment. Minnesota requires the § 549.211 acknowledgment on pleadings; keep it on the served and filed document.

SOURCES AND REFERENCES

• Minnesota Rules of Civil Procedure — Minnesota Revisor's Office: https://www.revisor.mn.gov/court_rules/cp/
• Minn. R. Civ. P. 13 — Counterclaim and Cross-Claim (13.01–13.07): https://www.revisor.mn.gov/court_rules/cp/id/13/
• Minn. R. Civ. P. 12.01 — Time to Serve Responsive Pleading: https://www.revisor.mn.gov/court_rules/cp/id/12/
• Minn. R. Civ. P. 5 — Service and Filing of Pleadings and Other Papers
• Minn. R. Civ. P. 8 — General Rules of Pleading
• Minn. R. Civ. P. 9.02 — Pleading Fraud With Particularity
• Minn. R. Civ. P. 38 — Jury Trial of Right
• Minn. Stat. § 542.01 et seq. — Venue
• Minn. Stat. § 604.02 — Apportionment of Damages Among Tortfeasors
• Minn. Stat. § 549.09 — Interest on Verdicts and Judgments
• Minn. Stat. § 549.211 — Sanctions; Acknowledgment Requirement
• Minn. Stat. § 8.31, § 325F.69 — Deceptive Trade / Consumer Fraud (Private Attorney General)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Minnesota must review and customize this document before service or filing. Laws, citations, and court rules change frequently; verify all authorities against the current Minnesota Rules of Civil Procedure before use.