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

Mass. Gen. Laws ch. 261, § 27A (2026)

Definitions applicable to Secs. 27A to 27G

✓ current as of July 2026
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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 assistance under aid to families with dependent children, program of emergency aid for elderly and disabled residents or veterans' benefits programs or who receives assistance under Title XVI of the Social Security Act or the medicaid program, 42 U.S.C.A. 1396, et seq.; (b) a person whose income, after taxes, is 125 per cent or less of the current poverty threshold established annually by the Community Services Administration pursuant to section 625 of the Economic Opportunity Act, as amended; or (c) a person who is unable to pay the fees and costs of the proceeding in which he is involved or is unable to do so without depriving himself or his dependents of the necessities of life, including food, shelter and clothing, but an inmate shall not be adjudged indigent pursuant to section 27C unless the inmate has complied with the procedures set forth in section 29 and the court finds that the inmate is incapable of making payments under the plans set forth in said section 29.

''Fees and costs'', fees and costs shall not include attorneys' fees.

''Normal fees and costs'', the fees and costs a party normally is required to pay in order to prosecute or defend the particular type of proceeding in which he is involved shall include, but not be limited to, the following: in all civil cases, filing or entry fees, including the surcharges required by section four C of chapter two hundred and sixty-two; fees and related costs for service of process, including publications of a citation when publication is ordered; fees and costs for the issuance or service of a subpoena and witness fees for trial or deposition; jury trial fees; removal fees; costs assessed in a bill of costs; in equity, fees for the issuance of an injunction, restraining order, writ or other process; in the probate and family court department, fees for an amendment of record.

''Extra fees and costs'', the fees and costs, in addition to those a party is normally required to pay in order to prosecute or defend his case, which result when a party employs or responds to a procedure not necessarily required in the particular type of proceeding in which he is involved. They shall include, but not necessarily be limited to, the cost of transcribing a deposition, expert assistance and appeal bonds and appeal bond premiums.

''Clerk'', the clerk or an assistant clerk or the register or an assistant register.

''Inmate'', a person committed to, held by or in the custody of the department of correction or a state, county or federal correctional facility or the treatment center under chapter 123A.

Notes of Decisions
Cited in 34 cases (6 in the last 5 years), 1980–2024 · leading case: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019).
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Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019). · cites it 12× “6 In light of the facts alleged in this case, however, we think it important to clarify three issues: (1) the proper application of the so-called Indigent Court Costs Law, G. L. c. 261, §§ 27A - 27G ; (2) the process for obtaining *304 **834 audio recordings of Housing Court…”
Reade v. Sec'y of the Commonwealth, 36 N.E.3d 519 (Mass. 2015). · cites it 9× “” G. L. c. 261, § 27A. The question presented in this appeal is whether a litigant such as the plaintiff, who receives Federal veterans’ benefits and a Massachusetts property tax abatement that are not dependent on his economic circumstances, is considered indigent under § 27A…”
Commonwealth v. Henry, 55 N.E.3d 943 (Mass. 2016). · cites it 2× “In determining the defendant's ability to pay, the judge must consider the financial resources of the defendant, including 17 income and net assets, and the defendant's financial obligations, including the amount necessary to meet minimum basic human needs such as food, shelter,…”
Longval v. Superior Court Dep't of the Trial Court, 752 N.E.2d 674 (Mass. 2001). · cites it 4× “See G. L. c. 261, §§ 27A, 29. The plaintiff, Norman L.”
Diatchenko v. Dist. Attorney for the Suffolk Dist. Commonwealth v. Roberio, 27 N.E.3d 349 (Mass. 2015). · cites it 2× “"24 It is also the case that G. L. c. 261, §§ 27A–27G, the statutory provisions generally authorizing the payment of public funds to cover costs and fees of indigent litigants, apply most directly to costs and fees relating to court proceedings, not proceedings before…”
Commonwealth v. Lockley, 408 N.E.2d 834 (Mass. 1980). · cites it 2× “Denial of the defendant’s motions for polygraph test and for awarding of expenses therefor. Before trial the defendant moved the court to order a polygraph examination of him, and further moved that the court allow payment of extra fees and costs under G.”
Doe v. Sex Offender Registry Bd., 459 Mass. 603 (Mass. 2011). “22E, § 4 (b), provides that “[t]he cost of preparing, collecting and processing a DNA sample shall be assessed against the person required to submit a DNA sample, unless such person is indigent as defined in [G. L. c. 261, § 27A].” Further, “[t]he cost of preparing, collecting…”
Birchall, 913 N.E.2d 799 (Mass. 2009). “On an affidavit of indigency and a request pursuant to G. L. c. 261, §§ 27A and 27G, the single justice waived in full the petitioner’s fees and costs in connection with filing his petition in the county court.”
21st Mortg. Corp. v. Bruce Clark Demustchine., 186 N.E.3d 216 (Mass. App. Ct. 2022). · cites it 2× “The appellant is entitled to a waiver of the bond where he or she demonstrates both indigency as defined in G. L. c. 261, § 27A, and the existence of a nonfrivolous defense.”
Commonwealth v. Porter, 971 N.E.2d 291 (Mass. 2012). · cites it 2× “Section 1 (f) (ii) of rule 3:10 provides, in relevant part, that a defendant is indigent if she has an annual after-tax income of 125 per cent or less of the “then current poverty, threshold” referred to in G. L. c. 261, § 27A (b). This is a reference to the poverty guideline…”
Commonwealth v. Clark, 858 N.E.2d 768 (Mass. App. Ct. 2006). · cites it 3× “Having been adjudicated a sexually dangerous person (SDP) following a Superior Court jury trial in February, 2001, appellant James Clark (presently committed at the Massachusetts Treatment Center) filed a notice of appeal to this court on August 15, 2005, accompanied by a…”
Perez v. Bay State Ambulance & Hosp. Rental Serv. Inc., 602 N.E.2d 570 (Mass. 1992). “231, § 60B, simply states that, after a motion is "filed by the plaintiff, and a determination by the court that the plaintiff is indigent said justice may reduce the amount of the bond but may not eliminate the requirement thereof." It does not set forth the standards by which…”
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