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

Mass. Gen. Laws ch. 261, § 26 (2026)

District courts; items of costs

✓ current as of July 2026
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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, which amount shall be equal to the aggregate of all entry fees paid.

For an attorney's fee, if there is an appearance for the defendant, two dollars and fifty cents: if not, one dollar and twenty-five cents.

For a term fee, three dollars, if there is an appearance for the defendant; and if not, one dollar.

For travel, such sum as the court may allow.

For attendance, such sum as the court may allow.

To the defendant—

For travel, such sum as the court may allow.

For attendance, such sum as the court may allow.

For a term fee, three dollars.

For an attorney's fee, two dollars and fifty cents.

To the trustee—

For an attorney's fee, fifty cents.

For an answer in writing, twenty-five cents.

For travel and attendance, such sum as the court may allow.

For an answer to interrogatories, such sum as the court may allow.

To an adverse claimant—

Such sum as the court may allow.

Notes of Decisions
Cited in 3 cases, 1991–2010 · leading case: Cas. Reciprocal Exch. v. Fazio Enter., Inc., 1991 Mass. App. Div. 84 (Mass. Dist. Ct., App. Div. 1991).
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Cas. Reciprocal Exch. v. Fazio Enter., Inc., 1991 Mass. App. Div. 84 (Mass. Dist. Ct., App. Div. 1991). “, Rule 64(i) order for double costs againsttheplaintiffto be assessed in accordance with G.Lc. 261, §26. The defendant’s motion for attorney’s fees is denied.”
Manning v. State Farm Ins., 1997 Mass. App. Div. 184 (Mass. Dist. Ct., App. Div. 1997). “00 should be upheld because M.G.Lc. 261, §26, clearly states that the prevailing party is entitled to recover statutory costs in District Court, and further under Mass.”
Tarvezian v. Tarvezian, 2010 Mass. App. Div. 211 (Mass. Dist. Ct., App. Div. 2010). “Except for those costs which are subject to the discretion of the court, costs dial! be taxed by the clerk according to law (emphasis added). Those statutory costs to be taxed as a matter of course by the clerk include the costs sought in this action, namely, the statutory fees…”
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