If witnesses, having been duly summoned, attend as witnesses, but are not called to testify, their fees shall be taxed in the bill of costs, if it appears to the judicial authority that they were summoned in good faith and with the expectation of using them, and if their testimony would have been admissible.
Section 18-11.Witness Not Called; Fees
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA summoned witness who shows up to testify but is never called can still have their witness fees taxed as costs, as long as the court finds they were summoned in good faith and their testimony would have been admissible.
Full Text of Section 18-11
Amendment History
(P.B. 1978-1997, Sec. 418.)
Plain-English Summary
Sometimes a party summons a witness expecting to need their testimony, then the case wraps up or the evidence comes in another way and the witness never takes the stand. This section lets the fees for that witness still count toward the bill of costs. The judicial authority has to find two things: that the witness was summoned in good faith, with a real expectation of using them, and that their testimony would have been admissible if offered.
Without that finding, the fees for a witness who never testified would not belong in the bill of costs at all.
Frequently Asked Questions
Can I recover fees for a witness who never testified?
Yes, if the court finds the witness was summoned in good faith with a genuine expectation of using them, and their testimony would have been admissible.
What proof does the court need before taxing these fees?
The rule requires it to appear to the judicial authority that the witness was summoned in good faith and that the testimony would have been admissible — there is no further detail on how that showing is made.
Does it matter why the witness was not called?
The section does not distinguish among reasons the witness went unused; it focuses on the good-faith summons and admissibility of the testimony.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 18-11). 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: witness fee not called to testify CTcosts for witness who did not testifywitness summoned but not called Connecticutgood faith summons witness feestaxing costs unused witness