Rule 303.On Counterclaim for Costs
Last amended April 1, 1984 · Last verified June 28, 2026
Full Text of Rule 303
Plain-English Summary
Rule 303 allocates costs when a counterclaim is in the case. The party in whose favor the final judgment is rendered also recovers the costs — unless it appears at trial that the defendant's counterclaim was acquired after the suit began, in which case a plaintiff who establishes a claim existing when the suit started recovers the costs.
Frequently Asked Questions
Who pays costs when there is a counterclaim in Texas?
Under Rule 303, the party who wins the final judgment recovers costs, except that a counterclaim acquired after suit began can shift costs to a plaintiff with a pre-suit claim.
Who normally recovers costs when a counterclaim is filed in Texas?
Under Rule 303, the party who wins the final judgment recovers costs, whether that party is the plaintiff or the defendant.
Why does it matter when a counterclaim was acquired under Rule 303?
Because Rule 303's exception turns on timing. If the defendant's counterclaim was acquired after the suit began, a plaintiff who proves a claim that existed when the suit started still recovers costs, even if the defendant wins the final judgment.