Section 10-55.—Withdrawal of Action after Counterclaim

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

In one sentenceIf the plaintiff withdraws the action after the defendant has filed a counterclaim, the defendant can still prosecute that counterclaim fully as if the action had never been withdrawn, though the defendant may need to post a bond for costs.

Full Text of Section 10-55

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The withdrawal of an action after a counterclaim, whether for legal or equitable relief, has been filed therein shall not impair the right of the defendant to prosecute such counterclaim as fully as if said action had not been withdrawn, provided that the defendant shall, if required by the judicial authority, give bond to pay costs as in civil actions.

End

Amendment History

(P.B. 1978-1997, Sec. 169.)

Plain-English Summary

This rule protects a defendant’s counterclaim from disappearing when the plaintiff withdraws the underlying action. Once a counterclaim, whether for legal or equitable relief, has been filed, the plaintiff’s withdrawal of the action does not impair the defendant’s right to prosecute that counterclaim as fully as if the action had not been withdrawn.

The judicial authority may require the defendant to give bond to pay costs, as in civil actions, as a condition of proceeding.

Frequently Asked Questions

What happens to a counterclaim if the plaintiff withdraws the case?

The counterclaim survives; the defendant can prosecute it fully as if the plaintiff had never withdrawn the action.

Does the defendant have to do anything to keep the counterclaim alive after withdrawal?

The rule allows the judicial authority to require the defendant to give bond to pay costs, as in civil actions, but otherwise the counterclaim proceeds on its own.

Does this rule apply to both legal and equitable counterclaims?

Yes. The rule covers a counterclaim for legal relief, equitable relief, or both.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-55). 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: withdrawing case after counterclaim fileddoes counterclaim survive withdrawal CTplaintiff withdraws defendant counterclaim continuesbond for costs counterclaim