Mass. Gen. Laws » Part III Title VI Chapter 261
Massachusetts General Laws

Mass. Gen. Laws ch. 261, § 14 (2026)

Actions by state; liability for costs

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 9 cases, 1977–2008 · leading case: Comm'r of Prob. v. Adams, 843 N.E.2d 1101 (Mass. App. Ct. 2006).
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Comm'r of Prob. v. Adams, 843 N.E.2d 1101 (Mass. App. Ct. 2006). · cites it 3× “Adams argues that G. L. c. 261, § 14, authorizes the judge to levy such costs.”
Ware v. Commonwealth, 564 N.E.2d 998 (Mass. 1991). · cites it 5× “In G. L. c. 261, § 14 (1988 ed.), the Legislature stated that “[i]n 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…”
Judge Rotenberg Educ. Ctr., Inc. v. Comm'r of Dep't of Mental Retardation, 424 Mass. 430 (Mass. 1997). · cites it 2× “Specific authority to impose costs against the Commonwealth is found in G. L. c. 261, § 14, which provides: “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,…”
Broadhurst v. Dir. of the Div. of Emp. Sec., 373 Mass. 720 (Mass. 1977). · cites it 3× “151A, § 42, *724 proceeding is found in G. L. c. 261, § 14, which provides: “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…”
Broadhurst v. Dir. of the Div. of Emp. Sec., 369 N.E.2d 1018 (Mass. 1977). · cites it 3× “151A, § 42, *724 proceeding is found in G.L.c. 261, § 14, which provides: "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…”
Waldman v. Am. Honda Motor Co., 579 N.E.2d 480 (Mass. App. Ct. 1991). “54 [d]) and statute (G. L. c. 261, § 14) restricting the taxing of costs against the Commonwealth.”
Ware v. Commonwealth, 555 N.E.2d 895 (Mass. App. Ct. 1990). “Under G. L. c. 261, § 14, the Commonwealth shall be liable for costs as an individual when it institutes a civil action.”
Commonwealth v. Aguiar, 24 Mass. L. Rptr. 311 (Mass. Super. Ct. 2008). · cites it 2× “277, §73, as well as for attorneys fees, citing G.L.c. 261, §14. A hearing was held. The Court *312 DENIES Aguiar’s application for the reasons that follow.”
Sutton Corp. v. Metro. Dist. Comm'n, 6 Mass. L. Rptr. 256 (Mass. Super. Ct. 1996). · cites it 2× “Except for G.L.c. 261, §14, no reference to the Commonwealth is made in the actual language of the sections cited.”
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