General Laws of Massachusetts - Chapter 261 Costs in Civil Actions
- Massachusetts General Laws - Prevailing party to recover costs - Chapter 261, Section 1
In civil actions the prevailing party shall recover his costs, except as otherwise provided.
- Massachusetts General Laws - Insolvency of defendant - Chapter 261, 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...
- Massachusetts General Laws - Repealed, 1931, 426, Sec. 124 - Chapter 261, Section 3
Repealed, 1931, 426, Sec.
- Massachusetts General Laws - Superior court cases - Chapter 261, 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...
- Massachusetts General Laws - Offer of payment and satisfaction; effect - Chapter 261, 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...
- Massachusetts General Laws - Real actions and replevin - Chapter 261, Section 6
The prevailing party in a real action or in replevin shall recover costs irrespective of the amount of damages recovered.
- Massachusetts General Laws - Unnecessary actions - Chapter 261, 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...
- Massachusetts General Laws - Cases tried together - Chapter 261, 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...
- Massachusetts General Laws - Judgment on certain counts only; effect on costs - Chapter 261, 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,...
- Massachusetts General Laws - Subsequent actions for same cause; conditions precedent for commencement - Chapter 261, 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...
- Massachusetts General Laws - Double or treble costs; allowance - Chapter 261, 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,...
- Massachusetts General Laws - Repealed, 1973, 1114, Sec. 344 - Chapter 261, Section 12
Repealed, 1973, 1114, Sec.
- Massachusetts General Laws - Discretion of court - Chapter 261, 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...
- Massachusetts General Laws - Actions by state; liability for costs - Chapter 261, 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...
- Massachusetts General Laws - Action by state in behalf of private parties; effect on costs - Chapter 261, 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...
- Massachusetts General Laws - Judgment for costs against state; payment - Chapter 261, 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...
- Massachusetts General Laws - Attorney general; travel costs - Chapter 261, 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...
- Massachusetts General Laws - Arbitrators and courts; powers; effect of this chapter - Chapter 261, 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...
- Massachusetts General Laws - Clerk; duty to tax costs; notice - Chapter 261, 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...
- Massachusetts General Laws - Appeal from taxation of costs - Chapter 261, 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.
- Massachusetts General Laws - Execution for costs; bond for costs - Chapter 261, 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...
- Massachusetts General Laws - Appeal costs; allowance - Chapter 261, 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...
- Massachusetts General Laws - Supreme judicial, appeals and superior courts; items of costs - Chapter 261, 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...
- Massachusetts General Laws - Trials at designated place - Chapter 261, 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...
- Massachusetts General Laws - Repealed, 1973, 1114, Sec. 347 - Chapter 261, Section 25
Repealed, 1973, 1114, Sec.
- Massachusetts General Laws - Miscellaneous expenses; allowances - Chapter 261, 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,...
- Massachusetts General Laws - District courts; items of costs - Chapter 261, 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...
- Massachusetts General Laws - Repealed, 1975, 377, Sec. 162 - Chapter 261, Section 27
Repealed, 1975, 377, Sec.
- Massachusetts General Laws - Definitions applicable to Secs. 27A to 27G - Chapter 261, 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...
- Massachusetts General Laws - Affidavit of indigency; waiver, substitution or state payment of fees or costs; supplementary affidavits - Chapter 261, 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,...
- Massachusetts General Laws - Granting requests for waiver, substitution or state payment - Chapter 261, 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...
- Massachusetts General Laws - Appeal; notice; record; speedy hearing; stay of proceedings; decision final - Chapter 261, 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...
- Massachusetts General Laws - Repayment; deductions from judgment or settlement; notice; procedure - Chapter 261, 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,...
- Massachusetts General Laws - Substitute documents, services or objects at less cost; court order - Chapter 261, 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...
- Massachusetts General Laws - Payment procedure; public record; report of expenditures - Chapter 261, 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...
- Massachusetts General Laws - Repealed, 1924, 108, Sec. 5 - Chapter 261, Section 28
Repealed, 1924, 108, Sec.
- Massachusetts General Laws - Court action by inmate; affidavit of indigency; court-ordered payment plan; review and recommendation; penalties for abuse of process - Chapter 261, 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...
Last modified: September 11, 2015