South Carolina Answer-Counterclaim is a legal pleading filed by a defendant in response to a plaintiff’s complaint. It is used to deny the allegations in the complaint and assert any defenses the defendant may have. The Answer-Counterclaim can also include a counterclaim, which is a claim by the defendant against the plaintiff. There are two types of South Carolina Answer-Counterclaim: an Answer and a Counterclaim. The Answer is used to deny the plaintiff’s allegations and assert any defenses the defendant may have. The Counterclaim is used to assert a claim against the plaintiff. Both the Answer and the Counterclaim must be properly filed with the court in order to be effective.
South Carolina Answer-Counterclaim
State:
South Carolina
Control #:
SC-SKU-0419
Format:
Word
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Answer-Counterclaim
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FAQ
(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.
If a pleading sets forth a cause of action or defense to which an adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that cause of action or defense.
Any party providing a proposed order, proposed findings of fact or conclusions of law, or proposed judgment or other paper to the court for its consideration in any pending matter shall serve the same on all counsel of record at the same time and by the same means.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.
A defendant shall serve his answer within 30 days after the service of the complaint upon him, unless the Court directs otherwise when service of process is made pursuant to Rule 4(e), and provided further that the State of South Carolina shall answer or otherwise respond to an application for post-conviction relief
By definition, a counterclaim is compulsory only if it arises out of the same transaction or occurrence as the opposing party's claim.