Where legal and equitable matters or claims for relief arising out of the same transaction or transactions connected with the same subject of action are joined in the same complaint, or where any pleading setting forth a matter which, before January 1, 1980, would have been cognizable only at law is met by setting up some equitable matter, either by itself or in connection with a legal defense, the costs upon the whole case shall be at the discretion of the judicial authority; but where legal and equitable causes of action which are wholly unconnected with each other are joined in the same complaint, the costs upon the judgment on the equitable causes of action only shall be discretionary.
Section 18-15.Costs where Both Legal and Equitable Issues
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceWhen legal and equitable claims from the same transaction are joined in one complaint, costs on the whole case are up to the court's discretion, but if the legal and equitable claims are wholly unconnected, only the costs on the equitable judgment are discretionary.
Full Text of Section 18-15
Amendment History
(P.B. 1978-1997, Sec. 422.)
Plain-English Summary
This section sets the cost rule for cases mixing legal and equitable matters. Where legal and equitable matters or claims for relief arising out of the same transaction, or transactions connected with the same subject of action, are joined in one complaint — or where a pleading that before January 1, 1980 would have been cognizable only at law is met by an equitable matter, whether alone or alongside a legal defense — the costs on the whole case rest in the discretion of the judicial authority.
By contrast, where legal and equitable causes of action that are wholly unconnected with each other are joined in the same complaint, only the costs on the judgment on the equitable causes of action are discretionary.
Frequently Asked Questions
Are costs automatically discretionary whenever legal and equitable claims are joined?
Discretion over costs on the whole case applies when the legal and equitable matters arise from the same transaction or connected transactions; if they are wholly unconnected, only the costs on the equitable judgment are discretionary.
Why does this section mention January 1, 1980?
It covers pleadings that, before that date, would have been cognizable only at law and are met by an equitable matter, either alone or combined with a legal defense.
What happens to costs on the legal claims when the legal and equitable claims are unconnected?
The section limits discretionary treatment to the costs on the judgment on the equitable causes of action, distinguishing that scenario from claims arising out of the same transaction.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 18-15). 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: costs legal and equitable claims CTdiscretionary costs equitable action Connecticutmixed law and equity costscosts unconnected causes of action