(a) Whenever in any action there shall be two or more issues joined on material allegations, and a part of such issues shall be found for the defendant and the remainder for the plaintiff, the defendant shall recover such costs as were incurred upon the issues found in the defendant’s favor, including fees of witnesses and the expense of summoning them. If several distinct claims shall be made under one count, and the plaintiff shall recover upon some and not upon others, the plaintiff shall not recover costs incurred in attempting to support the claims which the plaintiff shall fail to establish.
Section 18-12.Costs where Several Issues
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceWhen an action has multiple issues and each side wins some, each party recovers only the costs tied to the issues they won, and if both sides are owed costs, the court can set one award off against the other.
Full Text of Section 18-12
(b) When costs are awarded to both parties, the judicial authority upon motion of either party may order a setoff of the same, and execution will then issue only for the balance.
Amendment History
(P.B. 1978-1997, Sec. 419.)
Plain-English Summary
This section covers cases with two or more issues joined on material allegations, where the defendant wins some issues and the plaintiff wins the rest. In that split outcome, the defendant recovers the costs incurred on the issues decided in the defendant’s favor, including witness fees and the expense of summoning those witnesses.
The same principle applies when a plaintiff makes several distinct claims under one count and wins on some but not others: the plaintiff cannot recover costs spent trying to prove the claims that failed.
When costs end up awarded to both parties, either party may move the judicial authority for a setoff. If granted, only the balance between the two awards is subject to execution.
Frequently Asked Questions
What happens to costs when each side wins some issues?
Each party recovers only the costs tied to the issues decided in that party’s favor; the defendant, for example, recovers costs on the issues won, including witness fees.
Can a plaintiff recover costs for claims that were not successful?
No. If a plaintiff makes several distinct claims under one count and wins on some but not others, the plaintiff cannot recover costs spent supporting the claims that failed.
Can costs owed to both sides be offset against each other?
Yes. Either party may move the judicial authority for a setoff, and execution then issues only for the remaining balance.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 18-12). 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
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