(a) Pleadings . There shall be a complaint and an answer; and a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under Rule 14, and there shall be a third-party answer, if a third-party complaint is served. No other pleadings shall be allowed, except that the court may order a reply to an answer or a third-party answer; and there may be a reply to affirmative defenses as provided in Rule 8(c).
Rule 7.Pleadings allowed: Form of motions
Group III: Pleadings and Motions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 7 lists the only pleadings South Carolina courts recognize — complaint, answer, and a narrow set of replies and third-party filings — sets the baseline requirements for motions, and abolishes demurrers and other common-law pleading devices.
Full Text of Rule 7
(b) Motions and Other Papers .
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial in open court with a court reporter present, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.
(c) Demurrers, Pleas, etc. Abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
Notes
Note: This Rule 7(a) is identical to the Federal Rule, and the provisions of Code §§ 15-13-10, 15-13-210, 15-13- 310 and 15-13-610. There is no change to State practice, except the references to third-party pleadings.
Note: This Rule 7(b) is identical to the Federal Rule and preserves the pertinent parts of Circuit Rules 56 and 65. The Rule also requires that motions must also be reduced to writing if made in open court with no court reporter or recorder present. "Petitions" for special relief are simply stated as motions. For example, under Rule 65, a motion for a temporary restraining order accompanies the summons and complaint rather than characterizing it as a separate petition.
Note: This Rule 7(c) is the same as the Federal Rule. Since common law pleas, and exceptions for insufficiency of a pleading have been abolished since 1870, this last step abolishes the outmoded demurrer. The defenses now raised by demurrer are raised by motion under Rule 12.
Plain-English Summary
Rule 7 draws the outer boundary of what counts as a pleading in a South Carolina case. A complaint and an answer form the core; a reply to a counterclaim, an answer to a cross-claim, and third-party pleadings under Rule 14 round out the list. Nothing else qualifies unless the court orders a reply to an answer or third-party answer, or a party chooses to reply to affirmative defenses under Rule 8(c). A litigant who tries to file a surreply or a response to a response without leave of court runs into this wall.
Subsection (b) sets the ground rules for motions. Any request for a court order must come as a motion, generally in writing, laying out the grounds and the relief sought with particularity. A motion made orally during a hearing where a court reporter is present can skip the writing requirement, but almost every other request needs to be reduced to paper (or its electronic equivalent) so the record shows exactly what was asked for and why. The same formatting rules that govern pleadings — captions, signatures, and the like — apply to motions too.
Subsection (c) closes the door on old common-law pleading tools. Demurrers, pleas, and exceptions for insufficiency of a pleading no longer have any place in South Carolina practice; a party who wants to challenge the legal sufficiency of a pleading raises that argument by motion under Rule 12 instead.
Frequently Asked Questions
Can I file a pleading that Rule 7 doesn't mention?
Not without a court order. The rule limits pleadings to the complaint, answer, replies to counterclaims, cross-claim answers, and third-party pleadings, plus anything else the court specifically permits.
Do I need to file a written reply to every affirmative defense in the answer?
No. Rule 8(c) makes a reply to affirmative defenses optional, and Rule 7(a) confirms that such a reply is one of the few pleadings allowed beyond the core set.
What happened to demurrers in South Carolina?
Rule 7(c) abolished them. A party who once would have demurred to challenge a pleading's legal sufficiency now raises that argument through a motion under Rule 12.
Does a motion always have to be in writing?
Generally yes, unless it's made during a hearing or trial where a court reporter is present to record it.
What must a motion include?
Under Rule 7(b), it must state the grounds for the request with particularity and identify the relief or order the moving party wants.
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: what pleadings are allowedreply to counterclaimdemurrer abolished South Carolinaform of motionsthird-party pleading rule