(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 the 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 13.
Rule 13.Counterclaim and cross-claim
Group III: Pleadings and Motions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 13 governs counterclaims and cross-claims — distinguishing the compulsory ones a party must raise from the permissive ones a party may raise, and setting rules for their amount, timing, joinder of new parties, and transfer between courts of differing jurisdiction.
Full Text of Rule 13
(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 fixed by law the right to assert counterclaims or to claim credits against the State of South Carolina or an officer, agency, or governmental or political subdivision 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 pleadings.
(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 Co-party. A pleading may state as a cross-claim any claim by one party against a co-party 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.
(j) Transfer. In an action brought in a court of limited jurisdiction, in the event the counterclaim or cross-claim tendered for filing is in excess of the jurisdictional amount or otherwise beyond the jurisdiction of said court, upon the payment of any fees required by statute, the action shall be transferred to the circuit court of the county to be there considered and tried as if the action had been there originally filed. If such counterclaim be a permissive counterclaim allowed under Rule 13(b), the transfer shall be in the discretion of the court in which the action is brought. If such permissive counterclaim is not transferred in the discretion of the court, the judgment in such action shall not be a bar to the claim if and when brought thereafter in another action.
Notes
Note: Rules 13(a) through (i) are the same as the Federal Rules on counterclaims and crossclaims. These include and expand Code §§ 15-13-420, 15-15-30, 15-15-40, 15-15-50 and 15-15-70. Counterclaims arising out of the same transaction or occurrence that is the subject of the action are "compulsory" under Rule 13(a) and are barred by res judicata or estoppel by judgment if not asserted. All other counterclaims whether legal or equitable in nature are permissive, and may be pleaded against the opposing party. Separate trials on claims not directly related to the original action may be ordered by the court under Rule 13(i). Rule 13(j) is added to conform to State practice, in which there are courts of differing jurisdiction. This Rule 13 considerably broadens present State practice as to counterclaims, but will avoid much litigation and dispute whether the counterclaim or cross-claim is allowable under the old 1870 Code practice.
Plain-English Summary
Rule 13(a) requires a defending party to raise certain claims against an opposing party now or risk losing them later: any claim arising from the same transaction or occurrence as the opposing party's claim is a compulsory counterclaim, so long as it doesn't require joining a third party the court can't reach. Two narrow exceptions excuse a party from raising it — the claim was already the subject of a separate pending suit when this action began, or the opposing party sued through attachment or similar process that didn't give the court personal jurisdiction. Rule 13(b) covers everything else: a party may raise an unrelated claim against an opponent as a permissive counterclaim, even without any connection to the transaction at issue.
Several subsections fill in the mechanics. Rule 13(c) lets a counterclaim exceed the opposing claim in amount or differ from it in kind. Rule 13(d) keeps counterclaims against the State and its officers or agencies within whatever limits the law already sets, rather than expanding them. Rule 13(e) allows a claim that matures or is acquired after the original pleading to come in later as a supplemental counterclaim, with the court's permission, and Rule 13(f) lets a party who missed a counterclaim through oversight or excusable neglect add it by amendment.
Rule 13(g) addresses cross-claims — claims by one party against a co-party — allowing them when they arise from the same transaction or occurrence as the original action or a counterclaim, or relate to property at issue in the case, including a claim that the co-party is or may be liable for part of what's already been claimed against the cross-claimant. Rule 13(h) lets new parties be joined to a counterclaim or cross-claim under Rules 19 and 20. Rule 13(i) allows separate judgments on counterclaims or cross-claims when the court orders separate trials, even if the opposing party's own claims have been dismissed. And Rule 13(j) handles a quirk of South Carolina's court structure: when a counterclaim or cross-claim filed in a court of limited jurisdiction exceeds that court's jurisdictional amount, the case transfers to circuit court upon payment of the required fees — automatically for a compulsory counterclaim, at the court's discretion for a permissive one — with a claim left behind in a court of limited jurisdiction free to be brought again later.
Frequently Asked Questions
What makes a counterclaim compulsory rather than permissive?
Rule 13(a) makes a counterclaim compulsory when it arises out of the same transaction or occurrence as the opposing party's claim and doesn't require joining a party the court can't reach; anything else is permissive under Rule 13(b).
What happens if I don't raise a compulsory counterclaim?
Missing a compulsory counterclaim can cost more than convenience — because the claim arose from the same transaction, a party who fails to raise it risks being barred from asserting it in a later, separate lawsuit.
Can a counterclaim seek more money than the original claim?
Yes. Rule 13(c) allows a counterclaim to exceed the opposing claim in amount or seek relief different in kind.
What if my counterclaim exceeds the jurisdictional limit of the court where the case is pending?
Rule 13(j) sends the case to circuit court once fees are paid — transfer happens automatically for a compulsory counterclaim, and at the court's discretion for a permissive one.
Can I add a counterclaim I forgot to include in my answer?
Rule 13(f) allows it by amendment, with leave of court, when the omission resulted from oversight, inadvertence, excusable neglect, or when justice otherwise requires it.
What's the difference between a counterclaim and a cross-claim?
A counterclaim under Rule 13(a) or (b) runs against an opposing party, while a cross-claim under Rule 13(g) runs against a co-party — someone on the same side of the case.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: compulsory counterclaim South Carolinapermissive counterclaim rulecross-claim against co-partycounterclaim exceeds jurisdictional amount