Massachusetts General Laws

Mass. Gen. Laws ch. 261, § 23 (2026)

Supreme judicial, appeals and superior courts; items of costs

✓ current as of July 2026

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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 fees have not been waived, which amount shall equal the aggregate of the entry fees paid by said plaintiffs.

For an attorney's fee, if an issue in law or fact is joined, two dollars and fifty cents; if not, one dollar and twenty-five cents.

For a term fee, five dollars for each sitting while the action is pending, not exceeding three sittings, except by an order of the court. If an action or question of law therein is carried to the full court, two additional term fees may be allowed. If the defendant is defaulted without having appeared, only one term fee shall be allowed.

For travel, such sum as the court may allow.

Notes of Decisions

Cited in 11 cases, 1925–2015 · leading case: Demoulas v. Demoulas, 432 Mass. 43 (Mass. 2000).

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Demoulas v. Demoulas, 432 Mass. 43 (Mass. 2000). “261, § 1, expressly authorizes the taxation of trial transcript costs. Nor does any other provision of G.”

Fuller v. Trs. of Deerfield Academy, 252 Mass. 258 (Mass. 1925). “We are of opinion that it was beyond the power of the court to impose such terms on any principle of equity practice now prevalent in this Commonwealth.”

Check v. Kaplan, 182 N.E. 305 (Mass. 1932). “Therefore there could be no lien. In any event this petitioner, in the absence of a special agreement as to a lien, would be entitled under said § 50 only to the attorney fee allowed by G.”

Boynton v. Tarbell, 172 N.E. 340 (Mass. 1930). “Since there is no mathematical yardstick by which to measure that item of costs, as there is to ascertain taxable costs under G. L. c. 261, §§ 23, 26, *145 27, it must be determined by the judge.”

Lakian v. Globe Newspaper Co., 504 N.E.2d 1046 (Mass. 1987). “imate result of the publication of the portion(s) identified in your answer [to the previous question, that is, identified as defamatory and published with actual malice]?” The trial judge authorized entry of a judgment declaring that Lakian should recover nothing, dismissing…”

Waldman v. Am. Honda Motor Co., 579 N.E.2d 480 (Mass. App. Ct. 1991). “, G. L. c. 261, §§ 23,' 25A, 26, and G. L. c.”

Atuna v. Bergollo, 18 Mass. L. Rptr. 123 (Mass. Super. Ct. 2004). · cites it 4× “261, §1 (“In civil actions the prevailing party shall recover his costs, except as otherwise provided”); G.L.c. 261, §23 (“There shall be allowed, in a civil action in the .”

Barnes v. City of Springfield, 173 N.E. 925 (Mass. 1930). “See G. L. c. 261, §§ 23, 25, as amended by St.”

Lou ex rel. Chen v. Otis Elevator Co., 24 Mass. L. Rptr. 39 (Mass. Super. Ct. 2008). “4 Further pursuant to G.L.c. 261, §23,1 find that the travel cost associated with Hanmin Wang’s deposition is reasonable and will allow his cost of travel from China to the United States in the amount of $736.”

Rochat v. L.E.K. Consulting, LLC, 32 Mass. L. Rptr. 609 (Mass. Super. Ct. 2015). · cites it 2× “Here, LEK cites two sources of “specific affirmative authority” in support of its motion for costs — Rule 54(e) for the recovery of its deposition and subpoena costs, and G.L.c. 261, §23 for the recovery of its travel costs.”

Agnetta v. State Street Bank, 674 N.E.2d 653 (Mass. App. Ct. 1997). “Some cases are nondiscretionary in the sense that they involve a claimed cost that is fixed by statute, see G. L. c. 261, § 23, or one that is not generally allowable except by statute.”

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