Section 18-16.Costs on Complaint and Counterclaim

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

In one sentenceWhen a defendant wins on the plaintiff's complaint but the plaintiff wins on the defendant's counterclaim, the defendant is taxed costs as the prevailing party under the general statutes, unless the court directs otherwise.

Full Text of Section 18-16

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When judgment shall be for the defendant on the complaint and for the plaintiff on a counterclaim, costs shall be taxed for the defendant as the prevailing party under General Statutes § 52-257, unless the judicial authority shall direct otherwise.

End

Amendment History

(P.B. 1978-1997, Sec. 423.)

Plain-English Summary

This section addresses the situation where judgment goes for the defendant on the complaint and for the plaintiff on a counterclaim. In that split result, costs are taxed for the defendant as the prevailing party under General Statutes § 52-257, unless the judicial authority directs otherwise.

Frequently Asked Questions

Who is treated as the prevailing party when the defendant wins the complaint but loses the counterclaim?

The defendant is taxed costs as the prevailing party under General Statutes § 52-257, unless the judicial authority directs otherwise.

Can the court change who is treated as the prevailing party for costs?

Yes. The judicial authority may direct otherwise instead of taxing costs for the defendant.

Is this rule about the complaint outcome, the counterclaim outcome, or both?

Both. It applies specifically when judgment is for the defendant on the complaint and for the plaintiff on the counterclaim.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 18-16). 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 complaint and counterclaim CTprevailing party costs Connecticut counterclaimdefendant wins complaint plaintiff wins counterclaim costsGeneral Statutes 52-257 costs