No costs shall be taxed in favor of a defendant recovering judgment on a counterclaim or setoff, which were incurred before the same was filed.
Section 18-17.Costs on Counterclaim
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA defendant who wins judgment on a counterclaim or setoff cannot recover costs that were incurred before that counterclaim or setoff was filed.
Full Text of Section 18-17
Amendment History
(P.B. 1978-1997, Sec. 424.)
Plain-English Summary
This section limits what a defendant can recover in costs after winning on a counterclaim or setoff. No costs are taxed in favor of a defendant recovering judgment on a counterclaim or setoff for costs that were incurred before the counterclaim or setoff was filed.
Frequently Asked Questions
Can a defendant recover costs incurred before filing a counterclaim?
No. The section bars taxing costs in favor of a defendant on a counterclaim or setoff for costs incurred before it was filed.
Does this rule apply to a setoff as well as a counterclaim?
Yes, the section covers a defendant recovering judgment on either a counterclaim or a setoff.
How does this section relate to Section 18-16?
Section 18-16 addresses which party is the prevailing party for costs when the complaint and counterclaim split; this section then limits the costs a prevailing defendant on a counterclaim can recover to those incurred after filing.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 18-17). 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 on counterclaim CTsetoff costs before filing Connecticutdefendant costs counterclaim limitationcosts incurred before counterclaim filed