Chapter 261

Section 1. In civil actions the prevailing party shall recover his costs, except as otherwise provided.

Section 10. If a judgment for costs upon a nonsuit, discontinuance or dismissal remains unsatisfied, the court in which a subsequent action for the same cause is brought may order proceedings therein to be stayed until such costs have been paid, and may further order that the act…

Section 11. If double or treble costs are allowed, the witness fees, the costs of taking depositions, of procuring evidence and of copies and all court dues, shall be taxed and recovered singly, and the remainder only of the taxable costs shall be doubled or trebled.

Section 13. In civil actions or other proceedings in which no provision is expressly made by law, the costs shall be wholly in the discretion of the court, but no greater amount shall be taxed therein than is allowed for similar charges in actions in which costs are expressly pro…

Section 14. In civil actions and in proceedings which are instituted by, or in the name of, the commonwealth, and not at the relation, in behalf, or for the use, of a private person, the commonwealth shall be liable for costs as is an individual.

Section 15. A private person at whose relation, for whose use or in whose behalf an action or proceeding is commenced in the name of the commonwealth or of the attorney general shall be liable for costs, as if it had been begun in his own name.

Section 16. If a judgment for costs is rendered against the commonwealth, the treasurer of the county to which the costs in such case would have been paid had the judgment been in favor of the commonwealth shall pay it upon the production of an attested copy thereof; but if the c…

Section 17. If costs are taxed for the commonwealth, no fees shall be taxed or allowed for the travel of the attorney general or any attorney for the commonwealth.

Section 18. This chapter shall not affect the power of arbitrators or referees to award costs; nor the power of a court to require costs to be paid by either party as the condition of an amendment, continuance or other order which is passed upon his motion, or to withhold and ref…

Section 19. Costs shall be taxed by the clerk of the court. No costs shall be taxed without notice to an adverse party who gives seasonable notice in writing to the clerk of his desire to be present at the taxation or causes such notice to be entered on the docket. Notice given b…

Section 2. If a discontinuance or a nonsuit is entered in an action solely in consequence of an answer of the defendant which alleges his discharge in bankruptcy or insolvency, the defendant shall recover no costs. If issue is joined upon such defence solely and judgment is rende…

Section 20. Either party may appeal from the taxation by the clerk to the court in which the action is pending, or to a justice thereof.

Section 21. If the appellant is liable for the costs, the appellee may take out execution and cause it to be satisfied, if he first gives bond with sufficient surety, who shall be approved by the clerk, in a sum equal to the costs, payable to the appellant, conditioned to repay s…

Section 22. The costs incurred by the appeal may be allowed to either party by the court or justice before whom such appeal is heard, and they may be added to or deducted from the costs awarded in the principal action or may be collected upon a separate execution.

Section 23. There shall be allowed, in a civil action in the supreme judicial court, appeals court or in the superior court, in addition to other disbursements allowed by law, the following costs: For the entry fee, an amount to be apportioned among all plaintiffs for whom entry …

Section 24. If the shire town where a case shall be tried has been designated under section eighty-two of chapter two hundred and thirty-one, no costs shall be allowed for sittings held in any other town unless the action is actually tried in such other town by agreement of the p…

Section 25A. Unless the court shall otherwise determine, the prevailing party shall be allowed a sum not exceeding five hundred dollars for expenses actually incurred for plans, drawings, photographs and certified copies of public and court records, necessary and used at the tria…

Section 26. There should be allowed in a civil action in a district court, in addition to the other disbursements allowed by law, the following costs: To the plaintiff— For the complaint, an amount to be apportioned among all plaintiffs for whom entry fees have not been waived, w…

Section 27A. As used in sections twenty-seven A to twenty-seven G, inclusive, the following words shall have the following meanings: ''Indigent'', (a) a person who receives public assistance under aid to families with dependent children, program of emergency aid for elderly and d…

Section 27B. Upon or after commencing or answering to any civil, criminal or juvenile proceeding or appeal in any court, including but not limited to civil actions, proceedings for divorce or separate support, summary and supplementary processes, and proceedings upon petitions to…

Section 27C. (1) If the affidavit is filed with the complaint or other paper initiating the proceeding, the clerk shall receive the complaint or other paper for filing and proceed as if all regular filing fees had been paid. Such filing shall be conditional until either (a) the a…

Section 27D. In any case where the court denies a request for waiver, substitution or payment by the commonwealth of fees and costs, pursuant to section twenty-seven C or any other provision of law, the applicant may take an appeal as hereafter provided. If the matter arises in t…

Section 27E. Any party on whose behalf any fees or costs have been waived or paid by the commonwealth pursuant to sections twenty-seven C or twenty-seven F, or both, shall repay the total amount thereof to the clerk or register of the court if said party shall have recovered, as …

Section 27F. The court may, upon its own motion or that of any party, order that the document, service or object for which a normal or extra fee or cost would be charged shall be provided by an alternative means at lower or no cost, if the substitute thereby provided is substanti…

Section 27G. The clerk shall receive from any indigent party or his attorney all bills and vouchers for any document, service or object rendered to said party for which an order for payment by the commonwealth has been issued, and shall transmit said bills and vouchers and an att…

Section 29. (a) If an inmate brings an action in a court of the commonwealth against a state or county agency, official or employee and requests a waiver of filing fees or court costs due to indigency pursuant to section 27B, the court shall require the commissioner of correction…

Section 4. If, in a personal action, except an action of replevin or an action under section fifteen of chapter two hundred and fifty-three, which is commenced in the superior court, the plaintiff does not recover final judgment for more than one hundred dollars as damages, he sh…

Section 5. If a defendant brings money into court and offers it in satisfaction of the damages, the plaintiff shall in all cases recover the costs which had previously accrued.

Section 6. The prevailing party in a real action or in replevin shall recover costs irrespective of the amount of damages recovered.

Section 7. A plaintiff who brings several actions in the same or in different courts against the same defendant upon causes of action which might have been joined in one action, or who brings separate actions against defendants who might have been joined, shall recover costs in o…

Section 8. If two or more cases are tried together in the supreme judicial court, in the superior court, in the housing court of the city of Boston, in the western division of the housing court department, the northeastern division of the housing court department, the southeaster…

Section 9. If a verdict is rendered for the plaintiff upon one or more counts upon several and distinct claims, and for the defendant upon any others, each party shall recover costs for the travel and attendance of witnesses, for depositions and for other evidence produced, exami…