S.C. R. Magis. Ct. 9

(a) At any time within the time period specified in these rules for answering the complaint, the

defendant may assert a counterclaim which grows out of the same transaction or occurrence as the

plaintiff's claim by filing a written statement in a form approved by the magistrate or by personally

appearing and making an oral statement. If the defendant personally appears within the specified time

period and makes an oral counterclaim, it shall be reduced to writing. The court or court personnel

shall assist the defendant in reducing the counterclaim to writing if the court determines assistance is

required. The counterclaim shall be delivered to the plaintiff by the court in a manner provided for in

Rule 8. The claims contained in the counterclaim shall be deemed denied by the plaintiff and no

answer or reply is required to be filed by the plaintiff in response to a counterclaim filed by the

defendant.

(b) The defendant in a counterclaim may waive the excess of the claim over the jurisdictional

maximum to bring it within the jurisdiction of the magistrates court. If the defendant elects to waive a

portion of the counterclaim, a separate action for the remainder of the claim may not be maintained. If

the defendant does not waive the excess, the entire action shall be transferred to the circuit court of

the county to be considered and tried as if the action had been originally filed in the circuit court as

provided for in Rule 13(j), SCRCP.