Massachusetts General Laws

Mass. Gen. Laws ch. 261, § 27B (2026)

Affidavit of indigency; waiver, substitution or state payment of fees or costs; supplementary affidavits

✓ current as of July 2026

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Section 27B. Upon or after commencing or answering to any civil, criminal or juvenile proceeding or appeal in any court, including but not limited to civil actions, proceedings for divorce or separate support, summary and supplementary processes, and proceedings upon petitions to vacate, for review or, upon appeal in a criminal case, any party may file with the clerk an affidavit of indigency and request for waiver, substitution or payment by the commonwealth of fees and costs upon a form prescribed by the chief justice of the supreme judicial court and in accordance with the standards set forth in sections twenty-seven C to twenty-seven F, inclusive, and sworn to under oath by the affiant.

An indigent party may subsequently file one or more supplementary affidavits requesting the waiver, substitution or payment by the commonwealth of fees and costs not previously granted at any time while the case is still pending in the original court or elsewhere.

Notes of Decisions

Cited in 29 cases (3 in the last 5 years), 1978–2026 · leading case: Commonwealth v. Pope, 467 N.E.2d 117 (Mass. 1984).

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Commonwealth v. Pope, 467 N.E.2d 117 (Mass. 1984). · cites it 3× “The judge denied the motion for costs since it was directed toward an improper posttrial investigation of the juries which indicted and convicted the defendant, and because there was no affidavit of indigency attached to the motion as required by G. L. c. 261, §§ 27B, 27C. 12…”

Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019). “16 G. L. c. 261, §§ 27B, 27C. Unless otherwise stated in a court order, all information submitted in an affidavit of indigency is confidential and may not be accessed by anyone other than authorized court personnel, the applicant, the applicant's attorney, or a representative…”

Commonwealth v. Zimmerman, 804 N.E.2d 336 (Mass. 2004). · cites it 2× “Before trial, Zimmerman, who is indigent, filed a motion for funds to hire an expert witness on eyewitness identification, particularly cross-racial identification, in accordance with G. L. c. 261, § 27B. After a hearing, the motion judge denied the request, concluding that the…”

Commonwealth v. Souza, 490 N.E.2d 1173 (Mass. 1986). · cites it 3× “First, the judge found that the defendant had failed to meet the procedural requirements of G. L. c. 261, § 27B (1984 ed.), with respect to a properly executed affidavit of indigency.”

Commonwealth v. Watson, 915 N.E.2d 1052 (Mass. 2009). “Zimmerman, 441 Mass. 146, 152-153 (2004). In an affidavit in support of the defendant’s motion for a new trial, trial counsel stated that when he was retained, the defendant was employed, and he indicated to counsel that he “would be able to put together some money for an expert…”

Doe v. Sex Offender Registry Bd., 897 N.E.2d 1001 (Mass. 2008). “In connection with his appeal from the board’s classification decision to the Superior Court, Doe filed and then renewed a motion pursuant to G. L. c. 261, § 27B, 25 for $3,000 in funds to retain an expert witness.”

Gillespie v. City of Northampton, 460 Mass. 148 (Mass. 2011). · cites it 2× “7 Plaintiffs who submit an “affidavit of indigency and request for waiver” are relieved from payment of the fees after an adjudication of indigency by a clerk of the court under G. L. c. 261, §§ 27B, 27C. 8 *152 On July 28, 2006, the plaintiffs filed an amended complaint in the…”

Little v. Rosenthal, 382 N.E.2d 1037 (Mass. 1978). “The plaintiff thereafter filed motions to reduce the statutory bond of $2,000 and for waiver, substitution or county payment of bond premium, pursuant to G. L. c. 261, § 27B. These motions were denied, and, when the plaintiff subsequently failed to furnish the bond, her actions…”

Royce v. Comm'r of Corr., 456 N.E.2d 1127 (Mass. 1983). “1213 (1982), or by an affidavit of indigency pursuant to G. L. c. 261, § 27B, and § 27C. The plaintiff contends that he did file an affidavit of indigency with the complaint.”

Reade v. Sec'y of the Commonwealth, 36 N.E.3d 519 (Mass. 2015). “See G. L. c. 261, § 27B (“indigent party may subsequently file one or more supplementary affidavits requesting the waiver, substitution or payment by the commonwealth of fees and costs not previously granted at any time while the case is still pending .”

Denton v. Beth Israel Hosp., 465 N.E.2d 779 (Mass. 1984). “10 [1977]), the procedures set forth in G. L. c. 261, §§ 27B and 27C, should be followed in making that determination.”

Commonwealth v. Porter, 971 N.E.2d 291 (Mass. 2012). “On July 14, 2010, the defendant was arraigned; at that time, she filed an affidavit of indigency with the court, see G. L. c. 261, § 27B, and was interviewed by the probation department, see G.”

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