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Rule 303.On Counterclaim for Costs

Last amended April 1, 1984 · Last verified June 28, 2026

In one sentenceRule 303 awards costs to the party who wins the final judgment when a counterclaim is pleaded, with an exception for a counterclaim acquired after the suit began.

Full Text of Rule 303

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When a counterclaim is pleaded, the party in whose favor final judgment is rendered shall also recover the costs, unless it be made to appear on the trial that the counterclaim of the defendant was acquired after the commencement of the suit, in which case, if the plaintiff establishes a claim existing at the commencement of the suit, he shall recover his costs.
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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.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 303), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source
Also known as: counterclaim for costscosts on counterclaimcosts to prevailing partycounterclaim acquired after suit beganTRCP 303