Massachusetts General Laws

Mass. Gen. Laws ch. 261, § 1 (2026)

Prevailing party to recover costs

✓ current as of July 2026

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

Notes of Decisions

Cited in 51 cases, 1924–2019 · leading case: Waldman v. Am. Honda Motor Co., 597 N.E.2d 404 (Mass. 1992).

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Waldman v. Am. Honda Motor Co., 597 N.E.2d 404 (Mass. 1992). · cites it 4× “The judge awarded the costs pursuant to G. L. c. 261, § 1. The plaintiff argues that the judge erred in awarding expert witness fees in excess of the witness fees provided by G.”

Waldman v. Am. Honda Motor Co., 579 N.E.2d 480 (Mass. App. Ct. 1991). · cites it 7× “This was said to be G. L. c. 261, § 1, which provides in broad terms that a “prevailing party shall recover his costs, except as otherwise provided,” and G.”

Styller v. Nat'l Fire & Marine Ins. Co., 128 N.E.3d 612 (Mass. App. Ct. 2019). · cites it 3× “In contrast, the insurer contends that because no postjudgment costs were "taxed" pursuant to G. L. c. 261, §§ 1 et seq., in the underlying action, it has no *543 obligation to its insured.”

Linthicum v. Archambault, 398 N.E.2d 482 (Mass. 1979). “50 in usual costs by the court, pursuant to G. L. c. 261, §§ 1 and 23. 13 The usual rule in Massachusetts is that the litigant must bear his own expenses, Creed v.”

Creed v. Apog, 386 N.E.2d 1273 (Mass. 1979). · cites it 2× “4 This rule is consistent with G. L. c. 261, § 1, which provides that "[i]n civil actions the prevailing party shall recover his costs, except as otherwise provided.”

Demoulas v. Demoulas, 432 Mass. 43 (Mass. 2000). · cites it 2× “” This rule is consistent with G. L. c. 261, § 1, which provides that “[i]n civil actions the prevailing party shall recover his costs, except as otherwise provided.”

Jones v. Boykan, 464 Mass. 285 (Mass. 2013). “G. L. c. 261, §§ 1 et seq.”); Goldberg v.”

Beit v. Prob. & Fam. Court Dep't, 434 N.E.2d 642 (Mass. 1982). “, G. L. c. 261, §§ 1 - 26. We do not agree.”

Broadhurst v. Dir. of the Div. of Emp. Sec., 373 Mass. 720 (Mass. 1977). · cites it 2× “261 nor any other statute provides that a prevailing plaintiff in an action against the Commonwealth shall not recover costs. However, the director offers the argument that Mass.”

Reliance Nat'l Ins. v. Sears, Roebuck & Co., 792 N.E.2d 145 (Mass. App. Ct. 2003). “Sears makes a perfunctory argument that Reliance was not entitled to recover its costs of the action in the amount of $2,392.”

Waxman v. Waxman, 995 N.E.2d 1138 (Mass. App. Ct. 2013). “14 Both G. L. c. 261, § 1, and Mass.R.Civ.P. 54(d), as appearing in 382 Mass.”

Ahmed's Case, 179 N.E. 684 (Mass. 1932). “In actions at law under our practice as established for more than a century the prevailing party is entitled to costs. Among the items of costs is an attorney’s fee of $2.”

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