Rule 18. Joinder of Claims and Remedies

• Library: South Carolina Rules Annotated (SCBar) (2021 Ed.)

RULE 18. JOINDER OF CLAIMS AND REMEDIES

(a) Joinder of Claims.

A party asserting a cause of action as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal, or equitable, as he has against the opposing party.

(b) Joinder of Remedies; Fraudulent Conveyances.

Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.

(c) Separate Trials.

The court may make such orders as will prevent a party from being embarrassed, delayed or put to unnecessary expense by the joinder of independent or disassociated claims, and may order separate trials or make other orders to prevent delay or prejudice.

Notes:

This Rule 18(a) is the same as the Federal Rule. This Rule...