Title 15, Chapter 10, Section 45
( 15-10-45)
(a) If any defendant has a claim against the plaintiff arising out
of the transaction or occurrence that is the subject matter of the
plaintiff's claim, which claim does not require for its adjudication
the presence of third parties over whom the court cannot obtain
jurisdiction, such claim must be asserted by the defendant at or
before the hearing on plaintiff's claim or thereafter be barred. (b) If any defendant has a claim against the plaintiff other than a
compulsory counterclaim described in subsection (a) of this Code
section, such claim may be asserted by the defendant at or before
the hearing on the plaintiff's claim. (c) If any defendant asserts a claim against the plaintiff, the
defendant shall file with the court a statement of the claim in
concise form and free from technicalities. The defendant shall sign
and verify the statement of claim by oath or affirmation. At the
request of a defendant, the judge or clerk may prepare the
statement. (d) If the amount of a counterclaim exceeds the jurisdictional
limits of the magistrate court, the case shall be transferred to any
court of the county which has jurisdictional limits which exceed the
amount of the counterclaim. If there is more than one court to
which the action may be transferred, the parties may agree on the
court to which the action shall be transferred, and, in the absence
of any agreement, the judge of the magistrate court shall determine
the court to which the action shall be transferred. If there is no
other court to which the action may be transferred, it shall be
transferred to the superior court of the county. (e) A counterclaim may in the discretion of the magistrate be tried
either separately or jointly with the plaintiff's claim. |