South Carolina Counterclaim is a legal process that allows a defendant to assert a claim against a plaintiff in response to an original lawsuit. It is a procedural device used in certain civil cases in the state of South Carolina, and is separate from the defendant's answer to the plaintiff's complaint. There are two types of South Carolina Counterclaims: compulsory and permissive. Compulsory counterclaims are claims that arise out of the same transaction or occurrence that is the subject of the plaintiff's complaint, and must be asserted by the defendant or else be barred from later assertion. Permissive counterclaims do not have to be asserted in the same lawsuit and can be asserted at any time. Both types of counterclaims can be used to seek monetary damages, request equitable relief, or both.
South Carolina Counterclaim
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FAQ
After the plaintiff in an action tried by the court without a jury has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to
: an opposing claim. especially : a claim brought by a defendant against a plaintiff in a legal action.
For example, Rule 13 of the Federal Rules of Civil Procedure requires defendants to raise as a counterclaim any claim they have against parties already in the lawsuit if the claim "arises out of the same transaction or occurrence" as one of the plaintiff's claims.
"Common law compulsory counterclaims" are counterclaims that, if successful, would nullify the plaintiff's claim. If defendants do not raise these counterclaims, they cannot sue on them later in a different lawsuit.
By definition, a counterclaim is compulsory only if it arises out of the same transaction or occurrence as the opposing party's claim.
If the author's claim is that organ selling should be legalized, an example of an effective counterclaim would be that organ selling should not be legalized because it can drive up the cost of organ transplants, meaning that only the rich could afford to receive a transplant.
A counterclaim is the right of the defendant in civil case to file a claim against the claimant (filing against the claimant's claim).
Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).
