Massachusetts Statutes

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…

Section 1. The fees of justices of the peace shall be as follows: For a subpoena for one or more witnesses, ten cents. For taking a deposition, fifty cents; for writing the deposition and caption, at the rate of twelve cents a page; for notice to the adverse party, twenty cents. …

Section 10. If it is necessary in the service of civil process for an officer to use a conveyance for a distance exceeding two miles one way, he may be allowed therefor fifteen cents a mile for the distance traveled, not exceeding thirty miles. If he uses the conveyance of anothe…

Section 11. Where the officer is by law directed to give or leave a copy of any process, he may charge for each copy at the rate prescribed by section fifteen, except as otherwise provided.

Section 12. A deputy sheriff shall be allowed five dollars a day for attendance upon a meeting of the county commissioners by their order, and five cents a mile for travel out and home once a week during the attendance, to be paid by the county.

Section 13. Sheriffs and other officers shall be paid by the commonwealth, for serving precepts for the election of representatives in congress, fifty cents each, and for the service of subpoenas issued by order of the general court or either branch thereof the same fees as are a…

Section 14. The fees of sheriffs, deputy sheriffs and constables in proceedings under the provisions of chapter two hundred and twenty-four shall be as follows: For the service of the summons, or any other process, the fee for which is not otherwise provided by this section, for …

Section 15. The fee for copies of any process of more than one page shall be at the rate of fifty cents a page, except as provided in section eight.

Section 16. In the service of any process issued by the land court, the fees shall be one dollar for posting a copy on each parcel of land, and the same fees for copy, service and travel as are hereinbefore provided for the service of writs.

Section 17. In the service of an execution of ejectment the fees shall be: for demand, one dollar; for delivery, one dollar; for all necessary expenses, including packing, teaming and labor; and the officer may be allowed additional compensation by an order of the court from whic…

Section 18. An officer receiving fees for any official duty or service, who, upon request of the person paying them, refuses or neglects to make out in writing in his return a particular account of such fees, specifying for what they respectively accrued, shall forfeit to such pe…

Section 19. No fees for the service of any process of which the officer is required to make a return shall be allowed, unless itemized and endorsed on the process; and no allowance for the use of a conveyance in the service of a civil process shall be made, unless the officer cer…

Section 2. The fees of the clerks of the district and Boston municipal court departments of the trial court in civil actions, shall be as follows: For the entry of a complaint, third-party complaint, petition or other action, and for the filing of a motion to intervene as plainti…

Section 20. An officer shall not be allowed any fees for making a diligent search for any person named in a process, except the amount actually expended by him in making such search and stated in his return.

Section 21. In the service of precepts in criminal cases, the officer shall be allowed the actual, reasonable and necessary expenses incurred in going or returning with the prisoner, and if he necessarily uses his own conveyance, he shall be allowed therefor twenty cents a mile f…

Section 22. The fee for attending before a district court or trial justice shall be one dollar a day, upon one warrant only, if there are two or more against the same defendant at the same time. If the defendant in a criminal case is brought in by a summons, the fee for attendanc…

Section 23. The fees of magistrates for the examination of sureties and approval of bonds or for the taking of recognizances shall be in each case five dollars for the citation, if any, and the first day's hearing, and two dollars in addition for each adjournment thereof. These f…

Section 24. (a) The maximum fee to be charged by a person authorized to take bail or release on personal recognizance in the case of a person arrested for any misdemeanor or felony shall be $80. (b) The trial court shall be responsible for paying fees charged to take bail outside…

Section 25. The compensation of traverse jurors impanelled to try cases of murder in the first degree shall be sixteen dollars, and that of all other traverse jurors and of grand jurors fourteen dollars, for each day's service; provided, however, that jurors held under restraint …

Section 26. Officers who serve subpoenas or other processes in connection with inquests held by district courts shall be paid their fees and expenses by the commonwealth as in criminal cases, in the same manner as the fees of witnesses are paid in criminal cases in said courts.

Section 27. In cases against juvenile offenders, an officer who attends as a witness at a place other than that of his residence may be allowed by the court or justice his increased necessary expenses, not exceeding the witness fee before such court or justice, and the reasonable…

Section 29. The fees for attending as a witness before the general court, the supreme judicial court, the superior court, the land court, a probate court or court of insolvency, a district court, county commissioners, a trial justice, a referee, an arbitrator, the division of ind…

Section 3. A special justice, when not holding court shall be paid by the commonwealth two dollars for each summons or process issued by him, and for each application for a warrant entertained by him.

Section 30. A witness who is detained in jail under section forty-nine of chapter two hundred and seventy-six because of his inability to furnish sureties shall be allowed as a witness fee such sum as the court shall order, but not less than one dollar and fifty cents for each da…

Section 31. The court shall determine the compensation of private persons who perform service required by law, or in the execution of legal process, if no other provision is made therefor.

Section 32. District courts may allow reasonable compensation to interpreters for service rendered and to witnesses from without the commonwealth in criminal proceedings before them, which shall be paid by the commonwealth in the same manner as witness fees, and shall allow inter…

Section 33. All laws in relation to the payment of witness fees and to the payment of expenses of officers in criminal cases shall apply in cases arising under sections forty-two to sixty-four, inclusive, of chapter one hundred and nineteen.