RULE 13                                                
                COUNTERCLAIM AND CROSS CLAIM                                     
                                                                                 
    (a) Compulsory Counterclaims. 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 or occurrence that       
is the subject matter of the opposing party's claim and does not require         
for its adjudication the presence of third parties of whom the court cannot      
acquire jurisdiction. But the pleader need not state the claim if (1) at         
the time the action was commenced the claim was the subject of another           
pending action, or (2) the opposing party brought suit upon his claim by         
attachment or other process by which the court did not acquire jurisdiction      
to render a personal judgment on that claim, and the pleader is not stating      
any counterclaim under this rule.                                                
    (b) Permissive Counterclaims. A pleading may state as a counterclaim         
any claim against an opposing party not arising out of the transaction or        
occurrence that is the subject matter of the opposing party's claim.             
    (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.                                              
    (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 an officer or            
agency thereof.                                                                  
    (e) Counterclaim Maturing or Acquired After Pleading. A claim which          
either matured or was acquired by the pleader after serving his pleading         
may, with the permission of the court, be presented as a counterclaim by         
supplemental pleading.                                                           
    (f) Omitted Counterclaim. When a pleader fails to set up a counterclaim      
through oversight, inadvertence, or excusable neglect, or when justice           
requires, he may by leave of court set up the counterclaim by amendment.         
    (g) Cross Claim Against Coparty. A pleading may state as a cross claim       
any claim by one party against a coparty 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.        
    (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.                
    (i) Separate Trials; Separate Judgment. If the court orders separate         
trials as provided in rule 42(b), judgment on a counterclaim or cross claim      
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.       
    (j) Setoff Against Assignee. The defendant in a civil action upon a          
contract express or implied, other than upon a negotiable promissory note        
or bill of exchange, negotiated in good faith and without notice before          
due, which has been assigned to the plaintiff, may set off a demand of a         
like nature existing against the person to whom he was originally liable,        
or any assignee prior to the plaintiff, of such contract, provided such          
demand existed at the time of the assignment thereof, and belonging to the       
defendant in good faith, before notice of such assignment, and was such a        
demand as might have been set off against such person to whom he was             
originally liable, or such assignee while the contract belonged to him.          
    (k) Other Setoff Rules. (Reserved. See RCW 4.32.120 through 4.32.150         
and RCW 4.56.050 through 4.56.075.)