South Carolina State Court Answer and General Denial

SOUTH CAROLINA STATE COURT ANSWER AND GENERAL DENIAL

(For Use in the Court of Common Pleas of South Carolina)

TABLE OF CONTENTS

1. Caption
2. Introductory Statement and General Denial
3. Specific Responses to Numbered Allegations
4. Affirmative Defenses Under Rule 8(c), SCRCP
5. Rule 12(b) Defenses
6. Counterclaim
7. Jury Demand
8. Prayer for Relief
9. Verification
10. Certificate of Service
11. Practice Notes — South Carolina-Specific Rules and Deadlines
12. Sources and References

1. CAPTION

STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY

DEFENDANT'S ANSWER AND DEFENSES TO PLAINTIFF'S COMPLAINT

Defendant [DEFENDANT FULL LEGAL NAME] ("Defendant"), by and through undersigned counsel, pursuant to Rule 8(b) and Rule 12(a) of the South Carolina Rules of Civil Procedure ("SCRCP"), hereby answers Plaintiff's Complaint filed on [__/__/____] as follows:

2. INTRODUCTORY STATEMENT AND GENERAL DENIAL

General Denial Pursuant to Rule 8(b), SCRCP

1. Defendant denies generally each and every allegation, statement, matter, and thing contained in Plaintiff's Complaint, including all exhibits attached thereto and documents incorporated by reference, and denies that Plaintiff is entitled to any relief of any kind from Defendant.

2. Any allegation in the Complaint not expressly and specifically admitted in this Answer is hereby denied.

3. To the extent any allegation of the Complaint contains or constitutes a conclusion of law, no responsive pleading is required; however, to the extent a response is deemed necessary, Defendant denies those allegations.

South Carolina Practice Note — Rule 8(b), SCRCP: Under Rule 8(b), a party must "state in short and plain terms" the defenses to each cause of action and must "admit or deny the averments upon which the adverse party relies." A general denial is permitted only when "the pleader does so intend to controvert all its averments." If the pleader is without knowledge or information sufficient to form a belief as to the truth of an averment, the pleader shall so state and this has the effect of a denial. When a pleader intends in good faith to deny only part of an averment, the pleader must "specify so much of it as is true and material and shall deny only the remainder." Averments not denied are deemed admitted under Rule 8(d), SCRCP.

3. SPECIFIC RESPONSES TO NUMBERED ALLEGATIONS

Instruction: Use this section as an alternative to, or in addition to, the general denial in Section 2. Duplicate the paragraph format below for each numbered paragraph of the Complaint. Under Rule 8(b), SCRCP, if a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial.

Paragraph 1. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of the Complaint, and therefore denies the same.

Paragraph 2. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 of the Complaint, and therefore denies the same.

Paragraph 3. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 3 of the Complaint, and therefore denies the same.

Paragraph 4. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4 of the Complaint, and therefore denies the same.

Paragraph 5. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 5 of the Complaint, and therefore denies the same.

Paragraph 6. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 of the Complaint, and therefore denies the same.

Paragraph 7. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 7 of the Complaint, and therefore denies the same.

Paragraph 8. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8 of the Complaint, and therefore denies the same.

Paragraph [____]. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph [____] of the Complaint, and therefore denies the same.

Reminder: Under Rule 8(d), SCRCP, averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading.

4. AFFIRMATIVE DEFENSES UNDER RULE 8(c), SCRCP

Subject to and without waiving Defendant's general denial or any other defense, and pursuant to Rule 8(c), SCRCP, Defendant pleads the following affirmative defenses. These defenses are pled in the alternative, and Defendant does not concede the burden of proof on any issue where such burden is not properly Defendant's. Discovery is ongoing, and Defendant reserves the right to amend or supplement these defenses as permitted by Rule 15, SCRCP.

Affirmative Defenses Checklist

Select all applicable defenses and provide factual basis:

☐ FIRST AFFIRMATIVE DEFENSE — Statute of Limitations. Plaintiff's claims are barred, in whole or in part, by the applicable statute of limitations. South Carolina limitations periods include:

• Breach of contract (written): 3 years (S.C. Code Ann. § 15-3-530(1))
• Breach of contract (oral): 3 years (S.C. Code Ann. § 15-3-530(1))
• Actions on sealed instruments: 20 years (S.C. Code Ann. § 15-3-520)
• Personal injury (assault, battery, or injury to person): 3 years (S.C. Code Ann. § 15-3-530(5))
• Property damage: 3 years (S.C. Code Ann. § 15-3-530)
• Fraud: 3 years from discovery (S.C. Code Ann. § 15-3-530(7))
• Medical malpractice: 3 years from discovery, 6 years maximum (S.C. Code Ann. § 15-3-545)
• Professional malpractice (non-medical): 3 years (S.C. Code Ann. § 15-3-530(5))
• Product liability: 3 years (S.C. Code Ann. § 15-3-530(5)); repose period of 6 years (S.C. Code Ann. § 15-3-670)

Applicable statute and period: [________________________________].

☐ SECOND AFFIRMATIVE DEFENSE — Statute of Frauds. Plaintiff's claims are barred because the alleged agreement falls within the statute of frauds (S.C. Code Ann. § 32-3-10 et seq.) and was not memorialized in a writing signed by the party to be charged. [________________________________].

☐ THIRD AFFIRMATIVE DEFENSE — Failure to State a Claim. The Complaint fails to state facts sufficient to constitute a cause of action upon which relief can be granted. See Rule 12(b)(6), SCRCP. [________________________________].

☐ FOURTH AFFIRMATIVE DEFENSE — Payment. Plaintiff's claims are barred because the obligation has been satisfied in whole or in part by payment. [________________________________].

☐ FIFTH AFFIRMATIVE DEFENSE — Release. Plaintiff executed a valid and enforceable release discharging Defendant from the claims alleged. [________________________________].

☐ SIXTH AFFIRMATIVE DEFENSE — Accord and Satisfaction. Plaintiff's claims are barred by a prior accord and satisfaction between the parties. [________________________________].

☐ SEVENTH AFFIRMATIVE DEFENSE — Fraud. Plaintiff's claims are barred or diminished by Plaintiff's own fraud, material misrepresentation, or concealment of material facts. [________________________________].

☐ EIGHTH AFFIRMATIVE DEFENSE — Duress. Any agreement, consent, or action on which Plaintiff relies was obtained under duress and is voidable. [________________________________].

☐ NINTH AFFIRMATIVE DEFENSE — Estoppel. Plaintiff is estopped from asserting the claims alleged by reason of Plaintiff's own conduct, representations, or omissions. ☐ Equitable estoppel / ☐ Judicial estoppel / ☐ Promissory estoppel. [________________________________].

☐ TENTH AFFIRMATIVE DEFENSE — Comparative Negligence. Plaintiff's own negligence or fault caused or contributed to the injuries and damages alleged. Under South Carolina's modified comparative negligence standard (S.C. Code Ann. § 15-38-15), a plaintiff whose negligence is greater than that of the defendant is barred from recovery. Any recovery must be reduced in proportion to Plaintiff's percentage of fault. [________________________________].

☐ ELEVENTH AFFIRMATIVE DEFENSE — Assumption of Risk. Plaintiff knowingly and voluntarily assumed the risk of the harm alleged. [________________________________].

☐ TWELFTH AFFIRMATIVE DEFENSE — Failure of Consideration. The consideration for the agreement or obligation on which Plaintiff's claims rest has wholly or partially failed. [________________________________].

☐ THIRTEENTH AFFIRMATIVE DEFENSE — Laches. Plaintiff's claims are barred by the equitable doctrine of laches because Plaintiff unreasonably delayed in bringing this action, to the prejudice of Defendant. [________________________________].

☐ FOURTEENTH AFFIRMATIVE DEFENSE — Waiver. Plaintiff waived the rights underlying its claims by its conduct, express agreement, or failure to act in a timely manner. [________________________________].

☐ FIFTEENTH AFFIRMATIVE DEFENSE — Unclean Hands. Plaintiff's claims are barred by the doctrine of unclean hands because Plaintiff engaged in inequitable or bad-faith conduct relating to the matters at issue. [________________________________].

☐ SIXTEENTH AFFIRMATIVE DEFENSE — Failure to Mitigate Damages. Plaintiff failed to exercise reasonable diligence to mitigate its alleged damages, and any recovery must be reduced by the amount that could have been avoided. [________________________________].

☐ SEVENTEENTH AFFIRMATIVE DEFENSE — Set-Off and Recoupment. Defendant is entitled to set off against any recovery by Plaintiff the amounts owed by Plaintiff to Defendant. [________________________________].

☐ EIGHTEENTH AFFIRMATIVE DEFENSE — Res Judicata (Claim Preclusion). Plaintiff's claims are barred by res judicata because they arise from the same cause of action that was, or could have been, adjudicated in a prior action between the same parties or their privies. [________________________________].

☐ NINETEENTH AFFIRMATIVE DEFENSE — Collateral Estoppel (Issue Preclusion). Plaintiff is collaterally estopped from relitigating issues of fact or law that were actually and necessarily determined in a prior proceeding. [________________________________].

☐ TWENTIETH AFFIRMATIVE DEFENSE — Economic Loss Rule. Plaintiff's tort claims are barred by the economic loss rule where Plaintiff's only alleged damages are economic losses recoverable, if at all, solely under contract theories. [________________________________].

☐ TWENTY-FIRST AFFIRMATIVE DEFENSE — Lack of Privity. Plaintiff lacks privity of contract with Defendant and therefore cannot assert contract-based claims against Defendant. [________________________________].

☐ TWENTY-SECOND AFFIRMATIVE DEFENSE — Reservation of Additional Defenses. Defendant reserves the right to assert additional affirmative defenses as they become known through discovery or investigation, pursuant to Rule 15, SCRCP.

5. RULE 12(b) DEFENSES

Without waiving any defense, Defendant asserts the following defenses pursuant to Rule 12(b), SCRCP. Select all that apply:

☐ 12(b)(1) — Lack of Jurisdiction Over the Subject Matter. This Court lacks subject-matter jurisdiction because: [________________________________].

☐ 12(b)(2) — Lack of Jurisdiction Over the Person. This Court lacks personal jurisdiction over Defendant because: [________________________________].

☐ 12(b)(3) — Improper Venue. Venue is improper in this county because: [________________________________]. See S.C. Code Ann. § 15-7-10 et seq.

☐ 12(b)(4) — Insufficiency of Process. The summons or other process served upon Defendant was defective because: [________________________________].

☐ 12(b)(5) — Insufficiency of Service of Process. Service of process upon Defendant did not comply with Rule 4, SCRCP, because: [________________________________].

☐ 12(b)(6) — Failure to State Facts Sufficient to Constitute a Cause of Action. Plaintiff's Complaint fails to state facts sufficient to constitute a cause of action. [________________________________].

☐ 12(b)(7) — Failure to Join a Party Under Rule 19. Plaintiff has failed to join a party required under Rule 19, SCRCP, specifically: [________________________________].

Waiver Rules — Rule 12(h), SCRCP: The defenses of lack of personal jurisdiction (12(b)(2)), improper venue (12(b)(3)), insufficiency of process (12(b)(4)), and insufficiency of service (12(b)(5)) are waived if not raised in the first responsive pleading or pre-answer motion. Failure to state a claim (12(b)(6)) may be raised at trial. Lack of subject-matter jurisdiction (12(b)(1)) is never waived.

6. COUNTERCLAIM

South Carolina Practice Note: Under Rule 13(a), SCRCP, a compulsory counterclaim arises out of the same transaction or occurrence as the opposing party's claim. Under Rule 13(b), SCRCP, a permissive counterclaim is any claim not arising out of the same transaction or occurrence. Failure to assert a compulsory counterclaim generally results in its forfeiture.

☐ Defendant asserts no counterclaim at this time but reserves the right to amend this Answer to assert counterclaims pursuant to Rules 13 and 15, SCRCP.

☐ Defendant asserts the following counterclaim(s) against Plaintiff:

COUNTERCLAIM

COUNT I — [________________________________]

1. Defendant realleges and incorporates by reference each and every paragraph of this Answer as if fully set forth herein.

2. [State facts supporting the counterclaim: ________________________________]

3. [State the legal basis for the counterclaim: ________________________________]

4. [State the damages or relief sought: ________________________________]

5. As a direct and proximate result of Plaintiff's conduct described herein, Defendant has suffered damages in the amount of $[________________________________], or in an amount to be proven at trial, together with interest, costs, and attorneys' fees as permitted by law.

PRAYER FOR RELIEF ON COUNTERCLAIM

WHEREFORE, Defendant respectfully requests that this Court enter judgment against Plaintiff on the Counterclaim as follows:

a. Awarding Defendant compensatory damages in an amount to be determined at trial;

b. Awarding Defendant pre-judgment and post-judgment interest;

c. Awarding Defendant its reasonable attorneys' fees and costs as permitted by law; and

d. Granting such other and further relief as the Court deems just and proper.

7. JURY DEMAND

Pursuant to Rule 38(b), SCRCP, Defendant hereby demands a trial by jury on all issues so triable in this action, including all claims asserted in the Complaint and all counterclaims asserted herein.

South Carolina Jury Demand Rules: Under Rule 38(b), SCRCP, a party may demand a jury trial by filing a written demand no later than 10 days after the service of the last pleading directed to the triable issue. Under Rule 38(d), SCRCP, a party waives a jury trial unless its demand is properly served and filed. The demand should be prominently noted in the caption of the pleading or filed as a separate document.

8. PRAYER FOR RELIEF

WHEREFORE, Defendant [DEFENDANT FULL LEGAL NAME] respectfully requests that this Court enter judgment as follows:

a. Dismissing Plaintiff's Complaint in its entirety, with prejudice, and at Plaintiff's cost;

b. Entering judgment in favor of Defendant on all claims asserted in the Complaint;

c. Awarding Defendant its reasonable attorneys' fees and costs of suit to the extent permitted by applicable law, contract, or statute;

d. Awarding Defendant pre-judgment and post-judgment interest at the maximum lawful rate;

e. If applicable, entering judgment in Defendant's favor on all counterclaims; and

f. Granting such other and further relief as this Court deems just and proper.

9. VERIFICATION

South Carolina Practice Note: Verification is required only when the Complaint is verified or when a specific statute requires it. If verification is required, it must be made under oath before a notary public or other officer authorized to administer oaths.

☐ Verification required (Complaint was verified or statute requires verification)

☐ Verification not required

VERIFICATION

STATE OF SOUTH CAROLINA )
) SS.
[________________________________] COUNTY )

I, [DEFENDANT NAME], being first duly sworn, depose and state that I have read the foregoing Answer and Defenses and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

____________________________________
[DEFENDANT NAME]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

____________________________________
Notary Public for South Carolina
My Commission Expires: [________________________________]

SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: ____________________________________
[ATTORNEY NAME]
South Carolina Bar No. [________________________________]
[Street Address]
[City, South Carolina ZIP Code]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Counsel for Defendant [DEFENDANT FULL LEGAL NAME]

10. CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Defendant's Answer and Defenses to Plaintiff's Complaint upon all counsel of record by the following method:

☐ Electronic filing and service via the Court's e-filing system
☐ U.S. Mail, postage prepaid
☐ Hand delivery
☐ Email (with consent under Rule 5(b), SCRCP)
☐ Facsimile transmission
☐ Certified mail, return receipt requested

Served upon:

____________________________________
[ATTORNEY NAME]

11. PRACTICE NOTES — SOUTH CAROLINA-SPECIFIC RULES AND DEADLINES

Answer Deadlines Under Rule 12(a), SCRCP

Critical South Carolina Practice Reminders

• 30-Day Answer Deadline: Under Rule 12(a), SCRCP, a defendant must serve an answer within 30 days after service of the summons and complaint. This differs from the 21-day federal deadline.

• General Denial Limitation: Under Rule 8(b), SCRCP, a general denial is proper only when the pleader intends in good faith to controvert all averments. South Carolina abolished the old "general issue" plea; the aim is to avoid surprise defenses and require fact-based responses. When any facts must be admitted (e.g., jurisdiction, corporate existence), use specific responses.

• Affirmative Defenses Waiver: Under Rule 8(c), SCRCP, affirmative defenses are waived if not pleaded in the answer. South Carolina's list of affirmative defenses in Rule 8(c) is broader than the federal list and serves as a guide.

• Jury Demand Timing: Under Rule 38(b), SCRCP, a jury demand must be served no later than 10 days after the service of the last pleading directed to the issue. This is a shorter window than the federal 14-day period.

• Compulsory Counterclaim Forfeiture: Under Rule 13(a), SCRCP, a counterclaim that arises from the same transaction or occurrence as the plaintiff's claim is compulsory and must be asserted. Failure to do so generally bars the claim in a later action.

• Amendment of Pleadings: Under Rule 15(a), SCRCP, a party may amend a pleading once as a matter of course at any time before a responsive pleading is served. After that, amendment requires leave of court or the written consent of the adverse party.

• Discovery Rule — Statute of Limitations: South Carolina follows the "discovery rule," meaning the statute of limitations begins to run when the injured party knew or should have known of the injury and its cause.

• Comparative Negligence: Under S.C. Code Ann. § 15-38-15, South Carolina follows a modified comparative negligence standard. A plaintiff whose negligence is greater than that of the defendant is completely barred from recovery.

• Electronic Filing: South Carolina courts use electronic filing systems. Confirm the specific county's e-filing requirements and procedures before filing.

• Local Court Rules: Individual counties may have additional local rules regarding filing procedures, coversheet requirements, and scheduling. Always consult the local rules for the specific county.

12. SOURCES AND REFERENCES

• S.C. R. Civ. P. 8 — General Rules of Pleading (SC Judicial Branch)
• S.C. R. Civ. P. 12 — Defenses and Objections (SC Judicial Branch)
• S.C. R. Civ. P. 13 — Counterclaim and Crossclaim (SC Judicial Branch)
• S.C. R. Civ. P. 15 — Amended and Supplemental Pleadings
• S.C. R. Civ. P. 38 — Right to a Jury Trial; Demand
• S.C. Code Ann. Title 15, Chapter 3 — Limitation of Civil Actions
• S.C. Code Ann. § 15-38-15 — Comparative Negligence
• Responding to a Complaint: South Carolina (Parker Poe)
• South Carolina Civil Statute of Limitations Laws (FindLaw)