SCRCP 8

(a) Claims for Relief. A pleading which sets forth a cause of action, whether an original claim,

counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the

grounds including facts and statutes upon which the court's jurisdiction depends, unless the court

already has jurisdiction to support it, (2) a short and plain statement of the facts showing that the

pleader is entitled to relief, and (3) a prayer or demand for judgment for the relief to which he deems

himself entitled. Relief in the alternative or of several different types may be demanded. Relief for a

sum certain in money may be demanded for actual damages, but claims for punitive or exemplary

damages shall be in general terms only and not for a stated sum, provided however, a party may plead

that the total amount in controversy shall not exceed a stated sum which shall limit the claim for all

purposes.

Note:

This Rule 8(a) is in the same general language as the Federal Rule with the important

distinction that the State practice requiring pleading of the facts (rather than a

"statement of the claim") is retained. The prayer or demand for relief is also

designated as a part of the pleading to finally eliminate confusion on that point.

Liberal rules as to amendment throughout (i.e., Rule 15) enable the parties to conform

the pleadings to the facts and relief demanded, as they develop. See Rule 54(c). The

final sentence is added to eliminate prayers for exaggerated and sensational claims for

damages.

Note to 1986 Amendment:

Rule 8(a) is amended because the amount in controversy may determine the

jurisdiction of the State and Federal courts, as well as the methods of discovery

available in State courts. As originally adopted a general plea seeking punitive

damages placed no limit on the amount sought and could expand the scope of the

case unduly. This amendment avoids an exaggerated interpretation of a claim for

punitive damages and permits the pleader to keep the case proportionate to the

actual injury suffered.

(b) Defenses; Form of Denials. A party shall state in short and plain terms the facts constituting his

defenses to each cause of action asserted and shall admit or deny the averments upon which the

adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth

of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the

substance of the averments denied. When a pleader intends in good faith to deny only a part or a

qualification of an averment, he shall specify so much of it as is true and material and shall deny only

the remainder. Unless the pleader intends in good faith to controvert all the averments of the

preceding pleading, he may make his denials as specific denials of designated averments or

paragraphs, or he may generally deny all the averments except such designated averments or

paragraphs as he expressly admits; but, when he does so intend to controvert all its averments,

including averments of the grounds upon which the court's jurisdiction depends, he may do so by

general denial subject to the obligations set forth in Rule 11.

Note:

This Rule 8(b) is the same as the Federal Rule. It abolishes the "general denial" unless

the pleader can controvert every allegation of the complaint, including the

jurisdictional allegations. Every allegation must be specifically admitted or denied.

Failure to deny constitutes admission. An answer neither admitting nor denying but

"demanding proof thereof" is insufficient. The pleader must deny in good faith all

parts of an averment not admitted.

Note to 1986 Amendment:

Rule 8(b) is amended to make clear that fact pleading is required for both the

complaint and answer.

(c) Affirmative Defenses; Reply. In pleading to a preceding pleading, a party shall set forth

affirmatively the defenses: accord and satisfaction, arbitration and award, assumption of risk,

condonation, contributory negligence, discharge in bankruptcy, duress, fraud, illegality, injury by fellow

servant, laches, license, misrepresentation, mistake, payment, plene administravit or the administration

of the estate is closed, recrimination, release, res judicata, statute of frauds, statute of limitations,

waiver, and any other matter constituting an avoidance or affirmative defense. When a party has

mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court shall treat

the pleading as if there had been a proper designation. A party may file a reply to any of the foregoing

affirmative defenses.

Note:

This Rule 8(c) is the same as the Federal Rule except for some affirmative defenses

added to the list as a guide. The aim is to avoid the "surprise" defenses permissible

under the old general denial answer, and require the defendant also to stick to "fact"

pleading. The last sentence permits a fact pleading reply to all affirmative defenses.

This reinforces the intent to fix the facts by the pleadings, an important departure

from the Federal Rules approach to pleadings.

Note to 1986 Amendment:

The affirmative defenses of condonation and recrimination are added to Rule 8(c)

because they are often asserted in pleadings in Family Courts.

Note to 1995 Amendment:

Rule 8(c) is amended to add the affirmative defense of duress to conform the rule to

the comparable federal rule. The amendment does not change substantive or

procedural law because duress is recognized as an affirmative defense, and the

concluding clause of the first sentence requires it to be asserted as a matter of

avoidance.

(d) Effect of Failure to Deny. 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. Averments in a pleading to which no responsive pleading is required or permitted shall be

taken as denied or avoided.

Note:

This Rule 8(d) is simply a restatement of Code § 15-13-80.

(e) Pleading to Be Concise and Direct; Consistency.

(1) Each averment of a pleading shall be simple, concise, and direct. No technical

forms of pleading or motions are required.

(2) A party may set forth two or more statements of a cause of action or defense

alternatively or hypothetically, either in one count or defense or in separate counts or

defenses. When two or more statements are made in the alternative and one of them

if made independently would be sufficient, the pleading is not made insufficient by

the insufficiency of one or more of the alternative statements. A party may also state

as many separate causes of action or defenses as he has regardless of consistency and

whether based on legal or on equitable grounds or on both. All statements shall be

made subject to the obligations set forth in Rule 11.

(f) Construction of Pleadings. All pleadings shall be so construed as to do substantial justice to all

parties.

Note:

These Rules 8(e) and 8(f) substantially restate Code §§ 15-15-40 and 15-13-20, and are

no change to State practice. This Rule does not allow "jumbling" of two or more

causes of action in one count.