Section 10-54.—Pleading of Counterclaim and Setoff

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceA defendant who has a counterclaim or right of setoff against the plaintiff's demand can get the benefit of it by pleading it in the answer and demanding judgment, with the counterclaim or setoff pleaded and replied to under the same rules as complaints and answers.

Full Text of Section 10-54

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In any case in which the defendant has either in law or in equity or in both a counterclaim, or right of setoff, against the plaintiff’s demand, the defendant may have the benefit of any such setoff or counterclaim by pleading the same as such in the answer, and demanding judgment accordingly; and the same shall be pleaded and replied to according to the rules governing complaints and answers. (See General Statutes §§ 52-139 to 52-142.)

End

Amendment History

(P.B. 1978-1997, Sec. 168.)

Plain-English Summary

This rule lets a defendant assert a counterclaim or right of setoff, whether at law, in equity, or both, against the plaintiff’s demand. The defendant gets the benefit of the setoff or counterclaim by pleading it as such in the answer and demanding judgment on it.

Once pleaded, the counterclaim or setoff is pleaded and replied to under the same rules that govern complaints and answers generally. The rule notes that General Statutes §§ 52-139 to 52-142 also apply.

Frequently Asked Questions

How does a defendant assert a counterclaim or setoff in Connecticut?

By pleading it as such in the answer and demanding judgment on it, rather than raising it informally.

What rules govern how a counterclaim is pleaded and answered?

The same rules that govern complaints and answers generally apply to pleading and replying to a counterclaim or setoff.

Can a counterclaim be based on equitable relief, legal relief, or both?

Yes. The rule covers a counterclaim or right of setoff the defendant has in law, in equity, or in both.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-54). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: counterclaim and setoff pleading CThow to plead a counterclaim Connecticutright of setoff against plaintiffdemanding judgment on counterclaim