USA Massachusetts

USA Statutes : massachusetts
Title : PART III. COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
Chapter : TITLE VI. COSTS AND FEES
Chapter 262: Section 59. Witness in multiple criminal cases; apportionment of fees Section 59. If witnesses are in attendance in two or more criminal cases pending at the same time before the same court, they shall not be allowed full travel and attendance in each case, but the justice or clerk of the court may reduce and apportion the same, allowing at least one travel and attendance.
Chapter 262: Section 6. Record of judgment; additional fees Section 6. When a judgment or decree is entered up, and upon inspection it appears that the record thereof or the record of the proceedings will be of unusual length, the court may order the prevailing party to pay such amount, in addition to the entry fee, as may be just and equitable.
Chapter 262: Section 60. Witnesses’ fees; refusal in certain cases Section 60. If, on the trial of a criminal case, it appears that a witness has induced the defendant to commit the crime with which he is charged with intent to appear as a witness against him, the court or magistrate may in his discretion refuse to allow him his fees.
Chapter 262: Section 61. Witness certificates; purchase of orders, etc.
, by officers prohibited Section 61. A sheriff, deputy sheriff or other officer who takes the certificates of witnesses in criminal cases shall not purchase or discount or have any interest in orders drawn or demands upon the treasury by such witnesses.
Chapter 262: Section 62. False certificates of witnesses; penalty Section 62. Whoever, with intent to defraud, signs or procures to be signed a certificate of attendance or travel as a witness before a court, or reference founded upon a rule of court, in any case in which the witness did not so attend, or for a greater number of days than he actually attended, or for a greater number of miles than he actually traveled, upon which certificate the attendance or travel so claimed is allowed as a part of the expenses of prosecution, shall forfeit thirty dollars for each offence, to be recovered on complaint or indictment to the use of the commonwealth or by action of tort to the use of any person against whom such excessive costs were taxed, with four times the whole amount taxed for attendance or travel on such false certificate, and double costs in the action of tort. Such complaint, indictment or action shall be commenced within two years after the offence is committed.
Chapter 262: Section 63. Delinquent magistrate; refusal of fees Section 63. If the administration of justice or the progress of business in criminal proceedings is delayed, obstructed or prevented by the negligence of a magistrate in certifying and returning recognizances, records or other official papers which it is his duty to transmit to a higher court, or in omitting the formalities required by law, the district attorney, with the approval of the court, may refuse to allow the fees, either in whole or in part, to which such magistrate would otherwise be entitled.
Chapter 262: Section 64. Complainant; refusal of fees Section 64. If the court finds that a complaint in a criminal case is unfounded, frivolous or malicious, it may refuse to allow any fees to the complainant.
Chapter 262: Section 7. Manner of collection Section 7. Clerks of the courts shall collect all fees in advance.
Chapter 262: Section 8. Enumeration of fees Section 8. The fees of sheriffs, deputy sheriffs and constables shall be as follows:(a) for the service of civil process:(1) for service of an original summons, trustee process, subpoena or scire facias, either by reading it or by leaving a copy thereof, $20 for each defendant upon whom service is made, except as otherwise provided herein;(2) for service of an original summons and complaint for divorce or for any other service required to be served in hand, $30 for each defendant upon whom service is made;(3) for attestation of each copy of a writ, precept or process, except as otherwise provided herein, $5.
(4) if the officer by the direction of the plaintiff or his attorney makes a special service of a writ or precept, either by attaching personal property or arresting the body, he shall be entitled to $2 for each defendant upon whom the writ is so served, and $8 additional for custody of the body arrested, and at the same rate for each day during which he has such custody; provided, however; that if the officer employs an assistant in the arrest of the body, he shall be entitled to $5 a day for such assistant;(5) for the custody of personal property attached, replevied or taken on execution, not more than $50 for each day of not more than 8 hours for the keeper while he is in charge, and not more than $20 a day for the officer for a period not longer than 10 days; but the officer may be allowed a greater compensation for himself or his keeper, or compensation for a longer period, by the consent of the plaintiff, or by order of the court upon a hearing; provided, however, that the officer shall also be entitled to expenses for packing, labor, teaming, storage and taking and preparing a schedule of property attached, replevied or taken on execution, if he certifies that such expenses were necessary and reasonable;(6) for an attachment on mesne process of land or of any leasehold estate, $20 for each defendant against whom an attachment is made, 32 cents a mile each way for travel from the place of service to the registry and his fee for the copy deposited in the registry of deeds or land court, together with the recording fees actually paid;(7) for a special attachment of real estate, $10 additional for each person against whom an attachment is made;(8) for the service of a writ of replevin: for seizure of property, $10 for each defendant; securing and swearing appraisers, $4, and the actual amount paid to appraisers, as hereinafter provided; examining and approving sureties, $5; delivery of property replevied, $5; for each service, $5 for each copy, at the rate hereinbefore provided for copies of writs, precepts or other processes;(9) for a levy on real estate:(i) for preparing and serving notice of sale, a fee not to exceed $50, plus travel;(ii) For posting notices of sale, $20, plus travel;(iii) the necessary expenses of advertising;(iv) for the sale of land or of any leasehold estate, $20;(v) for preparing, executing and acknowledging deed, $25; and(vi) for travel, 32 cents a mile each way from the place where he receives the execution to the office of the register of deeds, and his fee for the copy;(10) for a sale of personal property on mesne process or on execution the following:(i) for service of a copy of notice to appoint appraisers, $8 for each person upon whom service is made;(ii) the necessary expenses of taking and preparing a schedule of property proposed to be sold;(iii) for attendance upon and swearing appraisers, $10;(iv) the amount actually paid to appraisers as hereinafter provided;(v) for preparing and posting notice of a proposed sale, $10, plus travel;(vi) the necessary expenses of keeper, labor and advertising;(vii) For custody of property, $10 a day;(viii) for services as auctioneer, or for services of an auctioneer in selling property, a fair and reasonable amount;(ix) if the sale is made on execution, poundage may be charged as hereinafter provided;(x) the fair compensation for the services of an appraiser shall not be more than $30 for each day’s service, but the officer may be allowed a greater compensation for the appraisers by an order of the court;(xi) for each adjournment of sale of real or personal property, $10;(11) for taking bail and furnishing and writing the bail bond, $2, which shall be paid by the defendant and taxed in his bill of costs if he prevails;(12) for serving an execution in a personal action by copy and demand on debtor or on trustee, $10 and travel, if the execution is not collected in whole or in part; for serving an execution in a personal action, and collecting damages or costs on an execution, warrant of distress or other like process, for an amount not exceeding $100, 10 cents for every $1; all above $100 and not exceeding $500, 5 cents for every $1; and all above $500, 2 cents for every $1; but such percentage shall be allowed only upon the amount actually collected. A levy of the execution upon his body shall be considered, so far as the fees of the officer are material, a full satisfaction of the execution if the debtor has recognized with surety or sureties as required by law;(13) for serving a writ of seisin or possession in a real action, $15 for each parcel;(14) for serving an execution upon a judgment for partition or for assignment of dower or curtesy, $2 per day;(15) for serving a writ of capias, a writ of habeas corpus, a writ of ne exeat or other process of civil arrest in a civil proceeding, $50, plus, upon consent of the plaintiff or upon order of the court, a greater compensation which may include the services of an assistant if necessary, plus travel;(16) for serving a venire or notice to jurors for attendance upon any court, civil or criminal, $10 for each person upon whom service is made;(17) for summoning witnesses, $20 for each person upon whom service is made and $2 for each copy served, together with the fee paid to the witness;(18) for dispersing treasurer’s process warrants and proclamations of all kinds, $4 each;(19) for travel in the service of original writs, executions, warrants, summonses, subpoenas, notices and other processes, 32 cents a mile each way, to be computed from the place of service to the court or place of return; and if the same precept, or process is served upon more than 1 person, the travel shall be computed from the most remote place of service, with such further travel as was necessary in serving it; if the distance from the place of service to the place of return exceeds 20 but does not exceed 50 miles, 32 cents a mile 1 way only shall be allowed for all travel exceeding 20 miles and, if it exceeds 50 miles, only 6 cents a mile 1 way shall be allowed for all travel exceeding that distance;(20) for travel in the service of venires and notices to jurors, 32 cents a mile for the distance actually traveled;(21) for posting warrants, for notifying town meetings or for other purposes, $5 for each copy posted together with 32 cents a mile for the distance actually traveled;(b) for the service of criminal process:(1) for serving a warrant of capias in a criminal proceeding, $50, plus, upon consent of the plaintiff or upon order of the court, a greater compensation which may include the services of an assistant if necessary, plus travel, and of a summons upon the defendant, $20, for each person upon whom the same is served;(2) for a copy of a mittimus, warrant or other precept required by law in criminal cases, $5;(3) for service of a witness, summons or subpoena in criminal cases, $20 plus travel in the amount of 32 cents a mile each way for a distance of not more than 20 miles, and for any excess over 20 miles, 7 cents a mile each way, and no more. The distance shall be computed from the most remote place of service to the place of return, but upon a subpoena the court shall reduce the fee for travel to a reasonable amount for the service performed if the travel charged has not been actually performed by the officer who made the service; and(4) for service of an order of notice under chapter 273A, $20.
Chapter 262: Section 8A. Annual accounts of deputy sheriffs and constables Section 8A. Each deputy sheriff and constable shall annually on or before the fifteenth day of April file with the county treasurer an account signed by him under the penalties of perjury of all fees and money received by him under the provisions of section eight for the service of civil process, or, if two or more deputy sheriffs and constables share such fees and money between themselves, they may file such an account jointly, provided that each shall subscribe the same under the penalties of perjury.
Chapter 262: Section 9. Process; service; return by mail Section 9. If the person who delivers or forwards a process to an officer for service requests him to return it by mail or express, compensation shall not be allowed for more than twenty miles’ travel in the service, unless the officer actually and necessarily travels more than that distance in serving the same, exclusive of travel from the place of service to the place of return, and an officer in such case, who properly directs such process to the place of return and sends it by mail, postage prepaid, or delivers it to an express company, shall not be liable for damages if it fails to reach its destination.
Section 1. In civil actions the prevailing party shall recover his costs, except as otherwise provided.
precedent for commencement Section 10. If a judgment for costs upon a nonsuit, discontinuance or dismissal remains unsatisfied, the court in which a subsequent action for the same cause is brought may order proceedings therein to be stayed until such costs have been paid, and may further order that the action be dismissed unless they are paid within a time fixed by the order.
Section 11. If double or treble costs are allowed, the witness fees, the costs of taking depositions, of procuring evidence and of copies and all court dues, shall be taxed and recovered singly, and the remainder only of the taxable costs shall be doubled or trebled.
Section 13. In civil actions or other proceedings in which no provision is expressly made by law, the costs shall be wholly in the discretion of the court, but no greater amount shall be taxed therein than is allowed for similar charges in actions in which costs are expressly provided for by law.
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.
effect on costs Section 15. A private person at whose relation, for whose use or in whose behalf an action or proceeding is commenced in the name of the commonwealth or of the attorney general shall be liable for costs, as if it had been begun in his own name.
Section 16. If a judgment for costs is rendered against the commonwealth, the treasurer of the county to which the costs in such case would have been paid had the judgment been in favor of the commonwealth shall pay it upon the production of an attested copy thereof; but if the costs would have been paid to the commonwealth had the judgment been in favor of the commonwealth, the state treasurer shall pay it upon the production of an attested copy thereof.
Section 17. If costs are taxed for the commonwealth, no fees shall be taxed or allowed for the travel of the attorney general or any attorney for the commonwealth.
chapter Section 18. This chapter shall not affect the power of arbitrators or referees to award costs; nor the power of a court to require costs to be paid by either party as the condition of an amendment, continuance or other order which is passed upon his motion, or to withhold and refuse costs on like occasions.
Section 19. Costs shall be taxed by the clerk of the court. No costs shall be taxed without notice to an adverse party who gives seasonable notice in writing to the clerk of his desire to be present at the taxation or causes such notice to be entered on the docket. Notice given by or to the attorney in the action shall be equivalent to notice by or to the party.
Section 2. If a discontinuance or a nonsuit is entered in an action solely in consequence of an answer of the defendant which alleges his discharge in bankruptcy or insolvency, the defendant shall recover no costs. If issue is joined upon such defence solely and judgment is rendered for the defendant, he shall recover only his costs accruing after the joinder of such issue.
Section 20. Either party may appeal from the taxation by the clerk to the court in which the action is pending, or to a justice thereof.
Section 21. If the appellant is liable for the costs, the appellee may take out execution and cause it to be satisfied, if he first gives bond with sufficient surety, who shall be approved by the clerk, in a sum equal to the costs, payable to the appellant, conditioned to repay such part of the costs as may be disallowed upon the appeal, and to perform such other order as the court or justice shall make thereon.
Section 22. The costs incurred by the appeal may be allowed to either party by the court or justice before whom such appeal is heard, and they may be added to or deducted from the costs awarded in the principal action or may be collected upon a separate execution.
items of costs 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.
Section 24. If the shire town where a case shall be tried has been designated under section eighty-two of chapter two hundred and thirty-one, no costs shall be allowed for sittings held in any other town unless the action is actually tried in such other town by agreement of the parties.
Section 25A. Unless the court shall otherwise determine, the prevailing party shall be allowed a sum not exceeding five hundred dollars for expenses actually incurred for plans, drawings, photographs and certified copies of public and court records, necessary and used at the trial. Except by order of the court, no such allowance shall be made unless an affidavit by the prevailing party or his attorney of record is filed with the clerk before final judgment, setting out fully such expenditures, and that said plans, drawings, photographs and copies were actually used at the trial.
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.
Chapter 261: Section 27A. Definitions applicable to Secs. 27A to 27G 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.
Chapter 261: Section 27B. Affidavit of indigency; waiver, substitution or state payment of fees or costs; supplementary affidavits 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.
Chapter 261: Section 27C. Granting requests for waiver, substitution or state payment Section 27C. (1) If the affidavit is filed with the complaint or other paper initiating the proceeding, the clerk shall receive the complaint or other paper for filing and proceed as if all regular filing fees had been paid. Such filing shall be conditional until either (a) the affidavit is granted or (b) if the affidavit is denied, the payment of necessary and regular filing fees is made within five days of the denial of the affidavit, or such further time as the court may allow, or within five days of the denial of any appeal relating to the affidavit, whichever is later.
(2) If the affidavit appears regular and complete on its face and indicates that the affiant is indigent, as defined in section twenty-seven A, and requests a waiver, substitution or payment by the commonwealth, of normal fees and costs, the clerk shall grant such request forthwith without hearing and without the necessity of appearance of any party or counsel.
(3) If the affidavit does not appear to satisfy the condition of paragraph (2), the clerk or register shall forthwith bring the affidavit to the attention of the justice or judge, as the case may be. The justice or judge may grant such request forthwith or may have the clerk or register notify the affiant that a hearing will be held on the affidavit within five days. If it appears at the hearing that there is a serious question as to the affiant’s indigency, as defined in section twenty-seven A, then before making a finding of indigency, the court shall consider the following facts with respect to the applicant as of the time of hearing, in the immediate past and with respect to the immediate future; his age, education, training, physical and mental ability and number of dependents; gross and net income; regular and extraordinary expense, if any; assets and liabilities; whether or not he is a recipient of public assistance and for what purposes; and any other facts which are relevant to the applicant’s ability to pay court costs.
(4) If the court makes a finding of indigency, it shall not deny any request with respect to normal fees and costs, and it shall not deny any request with respect to extra fees and costs if it finds the document, service or object is reasonably necessary to assure the applicant as effective a prosecution, defense or appeal as he would have if he were financially able to pay. The court shall not deny any request without first holding a hearing thereon; and if there is an appeal pursuant to section twenty-seven D following a denial, the court shall, within three days, set forth its written findings and reasons justifying such denial, which document shall be part of the record on appeal.
(5) The clerk of each court shall conspicuously post in the part of his office open to the public a notice informing the public in plain language of the availability of waiver, substitution or payment by the commonwealth of fees and costs for indigent persons.
Chapter 261: Section 27D. Appeal; notice; record; speedy hearing; stay of proceedings; decision final [Text of section applicable as provided by 2004, 252, Sec. 23.
] Section 27D. In any case where the court denies a request for waiver, substitution or payment by the commonwealth of fees and costs, pursuant to section twenty-seven C or any other provision of law, the applicant may take an appeal as hereafter provided. If the matter arises in the superior, the land, the probate or the housing court departments, the appeal shall be to a single justice of the appeals court at the next sitting thereof. If the matter arises in the juvenile court department, the appeal shall be to the superior court sitting in the nearest county or in Suffolk county. If the matter arises in the district court or Boston municipal court departments, the appeal shall be to the appellate division. Upon being notified of the denial the applicant shall also be advised of his right of appeal, and he shall have seven days thereafter to file a notice of appeal with the clerk or register. Upon receipt of notice of appeal timely filed the clerk or register shall forthwith notify the judge or justice, who shall within three days set forth his written findings and reasons as provided in paragraph (4) of section twenty-seven C. The court denying the request may, with or without motion, stay proceedings pending appeal or issue any other order or process to preserve the rights of the parties pending the appeal. The clerk or register shall then forward the affidavit and request, the court’s findings and reasons for denial and any other documents on file relevant to the appeal, to the clerk of the court deciding the appeal, who, upon receipt thereof, shall refer the matter to the court for speedy decision and shall promptly notify the applicant of such decision. The court deciding the appeal may enter a stay or revoke an existing stay or other order, and its decision shall be final with respect to such request.
” Chapter 261: Section 27E. Repayment; deductions from judgment or settlement; notice; procedure Section 27E. Any party on whose behalf any fees or costs have been waived or paid by the commonwealth pursuant to sections twenty-seven C or twenty-seven F, or both, shall repay the total amount thereof to the clerk or register of the court if said party shall have recovered, as a result of the proceeding in which said fees or costs were waived or paid, an amount in excess of three times the total amount of said fees and costs. In any case in which any fees or costs have been so waived or paid, the court, upon the waiver or payment of any such fees or costs shall notify all parties of the total amount of said fees and costs to date and that any money judgment or settlement in favor of the party for whom said fees or costs were waived or paid which exceeds three times the total amount thereof shall be deposited with the clerk or register of the court in the following manner. Any party obligated to pay any judgment or settlement exceeding three times the total amount of said fees and costs, or any portion of such a judgment or settlement, shall pay to the clerk or register the total amount of said fees or costs, or if more than one party is so obligated, his proportional share thereof, and deduct the same from such judgment or settlement. The clerk or register shall notify all parties when the total amount of fees and costs has been so reimbursed. When said notification is received by the party obligated to pay such judgment or settlement or portion thereof, or if no such notification is received after the expiration of thirty days after the payment by said party of such fees or costs or his share thereof, said party shall promptly forward the remainder of the judgment or settlement to the party entitled to it. This procedure shall not be construed to excuse any person on whose behalf any fees or costs have been waived or paid from the obligation to repay the same as provided in this section.
Chapter 261: Section 27F. Substitute documents, services or objects at less cost; court order Section 27F. The court may, upon its own motion or that of any party, order that the document, service or object for which a normal or extra fee or cost would be charged shall be provided by an alternative means at lower or no cost, if the substitute thereby provided is substantially equivalent and the provision thereof does not materially impair the rights of any party. In any such order the court may direct payment by the commonwealth of the cost of any substitute to the same extent that the court would but for this section have ordered payment by the commonwealth for the document, service or object in question.
Chapter 261: Section 27G. Payment procedure; public record; report of expenditures Section 27G. The clerk shall receive from any indigent party or his attorney all bills and vouchers for any document, service or object rendered to said party for which an order for payment by the commonwealth has been issued, and shall transmit said bills and vouchers and an attested copy of said order to the office of the chief administrative justice, who shall make prompt payment thereon.
The office of the chief administrative justice shall keep a record of all payments or waivers made pursuant to this section and of all repayments made pursuant to section twenty-seven E, including therein the name of the party, his attorney if any, the names and addresses of the person or persons to whom payment is made, the dates each was rendered to the party and the charge for each, and the dates payment was made by the office of the chief administrative justice. This record shall be a public record.
The office of the chief administrative justice shall on or before December first of each year make a written report to the general court indicating the amounts and purposes of all expenditures under sections twenty-seven A to twenty-seven G, inclusive, and making such recommendations for change in the law as he deems necessary.
Chapter 261: Section 28. Repealed, 1924, 108, Sec. 5 Chapter 261: Section 29. Court action by inmate; affidavit of indigency; court-ordered payment plan; review and recommendation; penalties for abuse of process Section 29. (a) If an inmate brings an action in a court of the commonwealth against a state or county agency, official or employee and requests a waiver of filing fees or court costs due to indigency pursuant to section 27B, the court shall require the commissioner of correction or his designee or a county sheriff or his designee to file a copy of a current account statement of the inmate’s account and a copy of the inmate’s activity sheet for the preceding six months.
(b) The inmate shall file a signed affidavit containing the following information: the inmate’s name, social security number, date of birth, inmate identification number and correctional facility; assets including, but not limited to, cash, monies in bank accounts, real property, other investments and all assets of a spouse to which the inmate has legal access; income received in the past six months and income expected to be received in the next six months; liabilities and monthly expenses.
The affidavit shall also state as follows: “I state under the pains and penalties of perjury that the statements made in this affidavit are true, that I have not omitted any assets that are available to me to pay filing fees or court costs, that I have not transferred any assets to avoid payment of filing fees and costs, and that I have not taken any action nor has any action been taken on my behalf relative to any assets in order to avoid having such assets used for payment of filing fees and costs.
”(c) Actions brought by inmates subject to the provisions of subsection (a) shall include all actions arising out of or resulting from a condition of or occurrence during confinement. A petition alleging a claim cognizable under section 1 of chapter 248 shall not be subject to the provisions of this section.
(d)(1) The court shall order the inmate to pay, as a partial payment of any filing fees and court costs, 20 per cent of the preceding six months’ average balance in the inmate’s account and, thereafter, monthly payments of 10 per cent of the average monthly balance in the inmate’s account, until all such fees are paid, provided that the payment amount to be drawn from the inmate’s account is equal to or greater than $10.
(2) The court shall issue such an order unless it finds that the inmate is incapable of making payments under such a plan or if the court determines, at any time, that such order imposes an undue administrative burden upon the court.
(3) Upon receipt of a copy of the court’s order, the inmate shall forward a copy of the order to the commissioner of correction or to the county sheriff and to the superintendent of the correctional facility having custody over the inmate along with a written request for an initial payment from the inmate’s account to be paid to the court. The inmate shall forward to the commissioner or the county sheriff and the superintendent a true copy of the written request for payment to the court from the inmate’s account not later than ten working days prior to the date each monthly payment is due.
(4) The superintendent shall withdraw such payments as the order requires and shall forward them to the clerk of the appropriate court. The court may, on its own or on motion of either or both parties, dismiss a claim at any time if the inmate fails to request payment from the superintendent or otherwise fails to pay filing fees as ordered by the court.
(e) The court may appoint a master to review inmate claims of indigency and make recommendations to the court. The court or master may conduct a hearing on the inmate’s claim of indigency either before or after service of process and may dismiss a claim or action if the court finds that the allegation of indigency is untrue. Any hearing on an inmate’s claim of indigency shall be conducted telephonically unless the court finds that a hearing in court is necessary.
(f) In addition to any other actions or penalties that may be available by law, if, after hearing, the court finds that the affidavit submitted by the inmate contains false information or omits material information and if the court further finds that the misrepresentation or omission was intentional, the court may impose costs on the inmate. If, after hearing, the court finds that the affidavit is frivolous and filed in bad faith in order to abuse the judicial process, the court shall order that the inmate lose up to 60 days of good conduct credit earned or to be earned pursuant to section 129C or 129D of chapter 127.
Section 4. If, in a personal action, except an action of replevin or an action under section fifteen of chapter two hundred and fifty-three, which is commenced in the superior court, the plaintiff does not recover final judgment for more than one hundred dollars as damages, he shall recover no costs, unless the right to an easement or the title to land is drawn in question and the justice before whom the action is tried so certifies.
Section 5. If a defendant brings money into court and offers it in satisfaction of the damages, the plaintiff shall in all cases recover the costs which had previously accrued.
Section 6. The prevailing party in a real action or in replevin shall recover costs irrespective of the amount of damages recovered.
Section 7. A plaintiff who brings several actions in the same or in different courts against the same defendant upon causes of action which might have been joined in one action, or who brings separate actions against defendants who might have been joined, shall recover costs in one action only, unless the court, after a hearing, otherwise orders.
Section 8. If two or more cases are tried together in the supreme judicial court, in the superior court, in the housing court of the city of Boston, in the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court department, in the housing court of the county of Worcester or in a district court, the presiding justice may reduce the witness fees and other costs; but not less than the ordinary witness fees and other costs recoverable in one of the cases which are so tried together shall be allowed.
Section 9. If a verdict is rendered for the plaintiff upon one or more counts upon several and distinct claims, and for the defendant upon any others, each party shall recover costs for the travel and attendance of witnesses, for depositions and for other evidence produced, examined or used on the trial of the counts upon which the verdict is in his favor, but shall not recover for the like charges incurred on the trial of the other counts.
Chapter 262: Section 1. Enumeration of fees Section 1. The fees of justices of the peace shall be as follows:For a subpoena for one or more witnesses, ten cents.
For taking a deposition, fifty cents; for writing the deposition and caption, at the rate of twelve cents a page; for notice to the adverse party, twenty cents. The justice shall certify his fees and the deponent’s fees on the deposition.
For administering an oath required by law, except on a trial or examination before him, to one or more persons at one time, twenty-five cents.
For the acknowledgment of a deed by one or more grantors, if taken at one time, twenty-five cents.
For taking a deposition to perpetuate testimony, each justice shall be entitled to the fees prescribed for all services which are personally rendered by him.
Chapter 262: Section 10. Conveyance; necessity of certificate Section 10. If it is necessary in the service of civil process for an officer to use a conveyance for a distance exceeding two miles one way, he may be allowed therefor fifteen cents a mile for the distance traveled, not exceeding thirty miles. If he uses the conveyance of another person he shall be allowed the amount actually expended by him therefor; but no allowance for the actual amount so expended by him shall be made unless the officer certifies that it was necessary for him to use a conveyance, and that he actually used it for the distance, and paid therefor the amount stated in his certificate.
Chapter 262: Section 11. Leaving copy of writ Section 11. Where the officer is by law directed to give or leave a copy of any process, he may charge for each copy at the rate prescribed by section fifteen, except as otherwise provided.
Chapter 262: Section 12. Deputy sheriff; attendance upon meetings of county commissioners Section 12. A deputy sheriff shall be allowed five dollars a day for attendance upon a meeting of the county commissioners by their order, and five cents a mile for travel out and home once a week during the attendance, to be paid by the county.
Chapter 262: Section 13. Precepts for elections; subpoenas of general court; service Section 13. Sheriffs and other officers shall be paid by the commonwealth, for serving precepts for the election of representatives in congress, fifty cents each, and for the service of subpoenas issued by order of the general court or either branch thereof the same fees as are allowed for the service of subpoenas issued by a court.
Chapter 262: Section 14. Arrest on mesne process and supplementary proceedings Section 14. The fees of sheriffs, deputy sheriffs and constables in proceedings under the provisions of chapter two hundred and twenty-four shall be as follows:For the service of the summons, or any other process, the fee for which is not otherwise provided by this section, for copies and for travel in serving the same, the same fees as for serving an original summons in an action at law.
For the commitment of a defendant or debtor under the provisions of said chapter two hundred and twenty-four, one dollar for each commitment, and one dollar for each copy left with the jailer.
For each day’s attendance at court on the examination of a defendant or debtor in his custody, or in the service of a writ of habeas corpus under section twenty-two of said chapter, including the fee for custody, five dollars.
The necessary expense of a conveyance to and from the jail in the service of such a process.
Chapter 262: Section 15. Copies of process Section 15. The fee for copies of any process of more than one page shall be at the rate of fifty cents a page, except as provided in section eight.
Chapter 262: Section 16. Service of process issued by land court Section 16. In the service of any process issued by the land court, the fees shall be one dollar for posting a copy on each parcel of land, and the same fees for copy, service and travel as are hereinbefore provided for the service of writs.
Chapter 262: Section 17. Execution of ejectment; service Section 17. In the service of an execution of ejectment the fees shall be: for demand, one dollar; for delivery, one dollar; for all necessary expenses, including packing, teaming and labor; and the officer may be allowed additional compensation by an order of the court from which the execution issued.
Chapter 262: Section 18. Officers; duty to specify items of fees Section 18. An officer receiving fees for any official duty or service, who, upon request of the person paying them, refuses or neglects to make out in writing in his return a particular account of such fees, specifying for what they respectively accrued, shall forfeit to such person three times the amount so paid.
Chapter 262: Section 19. Endorsement of fees; certificate of use of conveyance; penalty Section 19. No fees for the service of any process of which the officer is required to make a return shall be allowed, unless itemized and endorsed on the process; and no allowance for the use of a conveyance in the service of a civil process shall be made, unless the officer certifies that it was necessary for him to use a conveyance, and that he actually used such conveyance for the distance set forth in his certificate. An officer who makes a false certificate under this section or section ten shall forfeit thirty dollars for each offence, to the use of the commonwealth.
Chapter 262: Section 2. Fees of clerks of district and Boston municipal court departments in civil actions Section 2. The fees of the clerks of the district and Boston municipal court departments of the trial court in civil actions, shall be as follows:For the entry of a complaint, third-party complaint, petition or other action, and for the filing of a motion to intervene as plaintiff, $180.
For the entry of supplementary proceedings under chapter 224, $30, which, together with the fees of witnesses and officers in the proceedings, shall be allowed the creditor as costs.
For the entry of a claim of trial by the superior court under section 104 of chapter 231, $180.
For approving or disapproving by the court of sureties on bonds or recognizances, $60.
For the entry of a civil appeal in the appellate division of the district court department, $180.
Notwithstanding the foregoing, for the entry of a complaint, petition, appeal or other action by the commonwealth, no fee shall be paid; but, if the commonwealth prevails in the action, the fee shall be taxed against the other party.
Chapter 262: Section 20. Search for person named in process Section 20. An officer shall not be allowed any fees for making a diligent search for any person named in a process, except the amount actually expended by him in making such search and stated in his return.
Chapter 262: Section 21. Criminal cases; allowance of expenses Section 21. In the service of precepts in criminal cases, the officer shall be allowed the actual, reasonable and necessary expenses incurred in going or returning with the prisoner, and if he necessarily uses his own conveyance, he shall be allowed therefor twenty cents a mile for the distance traveled with the prisoner, except that in the service of such precepts of the district court of Chelsea, if he necessarily uses his own conveyance, he shall be allowed, if the distance traveled is less than ten miles, thirty cents a mile for the distance traveled, both ways; and if he uses the conveyance of another person, he shall be allowed the amount actually expended by him therefor; but no allowance for the use of a conveyance shall be made unless the officer certifies that it was necessary for him to use a conveyance and that he actually used it for the distance, and, if the conveyance of another was used, that he paid therefor the amount, stated in his certificate. If, in the service of a mittimus, the journey from the town where the prisoner is held to the town where he is to be committed can be made by railroad, no allowance shall be made for the use of any other conveyance, unless the court from which the mittimus is issued by general or special order has authorized the use thereof.
Chapter 262: Section 22. Attendance upon certain courts Section 22. The fee for attending before a district court or trial justice shall be one dollar a day, upon one warrant only, if there are two or more against the same defendant at the same time. If the defendant in a criminal case is brought in by a summons, the fee for attendance shall be the same as that taxed upon a warrant.
Chapter 262: Section 23. Examination of sureties; approval of bonds Section 23. The fees of magistrates for the examination of sureties and approval of bonds or for the taking of recognizances shall be in each case five dollars for the citation, if any, and the first day’s hearing, and two dollars in addition for each adjournment thereof. These fees shall be paid in advance.
Chapter 262: Section 24. Bail fees; persons authorized to take bail; restrictions Section 24. (a) The maximum fee to be charged by any person authorized to take bail or release on personal recognizance in the case of a person arrested for any misdemeanor or felony shall be $40.
(b) If, in addition to recognizing for a court within the territorial jurisdiction of the magistrate authorizing the release, the arrested person is being required to recognize for a court outside of such territorial jurisdiction, the person, so authorized, may charge an additional $5 for each such extraterritorial recognizance, but in no event shall the total fee for any release exceed $50.
(c) The person authorized to take bail who goes to the place of detention where the prisoner is held shall receive the fee before completing the determination of the terms of release, regardless of whether the prisoner ultimately recognizes out-of-court, and is the only person entitled to the compensation provided for in this section. Fee splitting arrangements are prohibited. No person authorized to take bail shall administer by telephone, or otherwise than in the physical presence of the affiant, any oath or affirmation required in the course of taking bail or releasing on personal recognizance. No person authorized to take bail shall delegate the setting or taking of bail or the setting or taking of release on personal recognizance to any other person.
Chapter 262: Section 25. Compensation of jurors Section 25. The compensation of traverse jurors impanelled to try cases of murder in the first degree shall be sixteen dollars, and that of all other traverse jurors and of grand jurors fourteen dollars, for each day’s service; provided, however, that jurors held under restraint by order of the court shall, in cases of murder in the first degree, receive twenty-two dollars and, in all other cases, twenty dollars for each day’s service while under restraint. All jurors shall receive for each day of actual attendance eight cents a mile for travel out and home, but not for such time as the jury is held under restraint, by order of the court, at the expense of the commonwealth. If the expense of a juror who attends court, necessarily and actually incurred for transportation out and home once in each day, exceeds the amount of the said allowance for travel, he shall be allowed the amount of such expense in lieu of the said travel allowance. If a grand or traverse juror is required to be in attendance for five or more consecutive days he shall receive his fees not later than the end of every fifth day of such attendance.
Chapter 262: Section 26. Inquests; service of process Section 26. Officers who serve subpoenas or other processes in connection with inquests held by district courts shall be paid their fees and expenses by the commonwealth as in criminal cases, in the same manner as the fees of witnesses are paid in criminal cases in said courts.
Chapter 262: Section 27. Juvenile offenders; officer as a witness Section 27. In cases against juvenile offenders, an officer who attends as a witness at a place other than that of his residence may be allowed by the court or justice his increased necessary expenses, not exceeding the witness fee before such court or justice, and the reasonable necessary expense of serving a mittimus.
Chapter 262: Section 28. Repealed, 1971, 1076, Sec. 14 Chapter 262: Section 29. Witness fees Section 29. The fees for attending as a witness before the general court, the supreme judicial court, the superior court, the land court, a probate court or court of insolvency, a district court, county commissioners, a trial justice, a referee, an arbitrator, the division of industrial accidents or the board of conciliation and arbitration, or on any other occasion for which no express provision is made, or allowed to persons, except the debtor, who are examined under section eighty-two of chapter two hundred and sixteen, unless fraudulent conduct is charged and proved against them, shall be six dollars a day, and ten cents a mile for travel out and home; provided, that if the witness has a usual place of business or employment in the city or town where the court trial or hearing is held, travel shall be reckoned out and to such place of business or employment, and not out and home. Each witness shall certify in writing the amount of his travel and attendance.
Any person who at the request of the attorney general or a district attorney, for the purpose of assisting him in the investigation of any matter within his jurisdiction as such attorney general or district attorney, attends the attorney general at any place, or the office of such district attorney at a courthouse, shall receive the fees provided in the preceding paragraph for a witness attending the superior court and subject to the same provisions, except that the certificate required by the last sentence of said paragraph shall be accompanied by a voucher signed by the attorney general or the district attorney that such fees are due said person for his attendance as provided in this paragraph.
Expenses incurred by witnesses summonsed on behalf of a defendant determined to be indigent, as well as expenses incurred by witnesses summonsed on behalf of the commonwealth, as such expenses are determined in accordance with this section, shall be paid by the commonwealth after such witness has certified with the court the amount of his travel and attendance.
Chapter 262: Section 2A. Repealed, 2004, 309, Sec. 1 Chapter 262: Section 3. Special justices Section 3. A special justice, when not holding court shall be paid by the commonwealth two dollars for each summons or process issued by him, and for each application for a warrant entertained by him.
Chapter 262: Section 30. Witness held in jail Section 30. A witness who is detained in jail under section forty-nine of chapter two hundred and seventy-six because of his inability to furnish sureties shall be allowed as a witness fee such sum as the court shall order, but not less than one dollar and fifty cents for each day of his detention.
Chapter 262: Section 31. Appraisers; compensation Section 31. The court shall determine the compensation of private persons who perform service required by law, or in the execution of legal process, if no other provision is made therefor.
Chapter 262: Section 32. Interpreters and nonresident witnesses Section 32. District courts may allow reasonable compensation to interpreters for service rendered and to witnesses from without the commonwealth in criminal proceedings before them, which shall be paid by the commonwealth in the same manner as witness fees, and shall allow interpreters ordered by them to attend such proceedings before them but not called upon for service the sum of one dollar for each day of such attendance, which shall be paid in the manner aforesaid.
Chapter 262: Section 33. Witnesses in delinquency cases Section 33. All laws in relation to the payment of witness fees and to the payment of expenses of officers in criminal cases shall apply in cases arising under sections forty-two to sixty-four, inclusive, of chapter one hundred and nineteen.
Chapter 262: Section 34. Enumeration of fees Section 34. Unless otherwise established in a town by town meeting action and in a city by city council action; and in a town with no town meeting by town council action, by adoption of appropriate bylaws and ordinances to set such fees, the fees of city and town clerks shall be as follows:—(1) For filing and indexing assignment for the benefit of creditors, two dollars.
(2) For recording assignment of future wages or salary, one dollar.
(3) For filing attachment of bulky personal property, one dollar.
(4) For filing dissolution of attachment of bulky personal property, fifty cents.
[There are no clauses (5) to (10).
] (11) For entering amendment of a record of the birth of a child born out of wedlock, subsequently legitimatized, two dollars.
(12) For correcting errors in a record of birth, two dollars.
(13) For furnishing certificate of a birth, two dollars.
(13A) For furnishing an abstract copy of a record of birth, one dollar.
(14) For entering delayed record of birth, two dollars.
(15) For filing bond to cover the risk of damage from all blasting operations, a permit for which is granted under the provisions of section nineteen of chapter one hundred and forty-eight, one dollar.
(16) For filing bond conditioned upon the payment of any judgment for damage or injury resulting from the storage or manufacture of fireworks as provided by section forty of chapter one hundred and forty-eight, one dollar.
[There are no clauses (17) to (19).
] (20) For filing certificate of a person conducting business under any title other than his real name, one dollar.
(21) For the filing by a person conducting business under any title other than his real name of a statement of change of his residence, or of his discontinuance, retirement or withdrawal from, or of a change of location of, such business, fifty cents.
(22) For furnishing certified copy of certificate of person conducting business under any title other than his real name, or a statement by such person of his discontinuance, retirement or withdrawal from such business, fifty cents.
(23) For issuing a warrant to disinterested persons as provided by section thirty-six of chapter forty-nine to determine amount due from owner of beasts for the damages, costs and expenses for which they have been impounded or detained, fifty cents.
(24) For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the commonwealth, one dollar.
(25) For certifying copies of any records or registries of a church, parish, religious society, monthly meeting of the people called Friends or Quakers, deposited in his office, one dollar per page.
[There is no clause (26).
] (27) For receiving records of proprietors of common property after final division of their common property as provided in section fifteen of chapter one hundred and seventy-nine, five dollars.
(28) For making and certifying copies of records of common proprietors deposited under the provisions of section fifteen of chapter one hundred and seventy-nine, one dollar per page.
(29) For correcting errors in a record of death, two dollars.
(30) For furnishing a certificate of death, two dollars.
(30A) For furnishing an abstract copy of a record of death, one dollar.
(31) For recording attested copy of order and certificate of the clerk of the department of telecommunications and energy granting a location for a line for the transmission of electricity under the provisions of section twenty-eight of chapter one hundred and sixty-six, five dollars.
(32) For furnishing attested copies of order and certificate of the clerk of the department of telecommunications and energy granting a location for a line for the transmission of electricity under the provisions of section twenty-eight of chapter one hundred and sixty-six, one dollar per page.
(33) For recording assignment by fence viewers upon determination of a dispute as to a partition fence, one dollar.
(34) For recording attested order and certificate of the clerk of the department of telecommunications and energy granting a location to a gas company under the provisions of section seventy A of chapter one hundred and sixty-four, five dollars.
(35) For furnishing attested copies of order and certificate of the clerk of the department of telecommunications and energy granting a location to a gas company under the provisions of section seventy A of chapter one hundred and sixty-four, one dollar per page.
(36) For receiving and recording an order by the metropolitan district commission granting locations in boulevards under its control to street railways, electric railroads and gas and electric companies, or extension, alteration or revocation of the same, five dollars.
[There are no clauses (37) to (42).
] (43) For entering certificate of marriage filed by persons married out of the commonwealth, two dollars.
(44) For issuing certificate of marriage, two dollars.
(44A) For furnishing an abstract copy of a record of marriage, one dollar.
(45) For correcting errors in a record of marriage, two dollars.
[There are no clauses (46) to (53).
] (54) For recording power of attorney, one dollar.
(55) For recording lien on vessel for labor performed, material used or labor and materials furnished in the construction, launching or repairs thereof, or in the construction of launching ways for, or for provisions, stores or other articles furnished for or on account of such vessel in the commonwealth, one dollar per page but not less than three dollars.
[There is no clause (56).
] (57) For recording certificate of registration granted to a person to engage in the practice of optometry, or issuing a certified copy thereof, one dollar.
(58) For recording the name of the owner of a certificate of registration as a physician or osteopath in the commonwealth, one dollar.
(59) For filing notice of intention to claim a right of action for material furnished and actually used in constructing a railroad or railway as provided by section ninety-eight of chapter one hundred and fifty-nine, one dollar.
(60) For filing written statement of amount of debt due a person for labor performed in the construction of a railroad or railway as provided by section ninety-nine of chapter one hundred and fifty-nine, one dollar per page.
(61) For filing statement of amount of debt due for labor performed in constructing a building, sewer or drain or water works or other public works owned by a city or town under a contract with any person having authority from or rightfully acting for such city or town in furnishing labor, one dollar.
(62) For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase of number of wires and cable or attachments under the provisions of section twenty-two of chapter one hundred and sixty-six, three dollars, and fifty cents additional for each street or way included in such order.
(63) For filing by a person engaged in manufacturing or selling beverages a description of his name used with the word “registered” in vessels or boxes used by him, one dollar.
(64) Unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, the fee for filing by a person engaged in buying, selling or dealing in milk or cream in cans or who uses cans, tubs or cabinets in the sale or storage of frozen desserts and/or ice cream mix with his name and the word “registered” produced thereon, a description of the name so used by him, shall be one dollar, but in no event shall any such fee be greater than five dollars.
[There is no clause (65).
] (66) For examining records or papers relating to birth, marriage or deaths upon the application of any person, the actual expense thereof, but not less than two dollars.
(67) For copying any manuscript or record pertaining to a birth, marriage or death, two dollars per page.
(68) For recording petition for the construction of roads to low land, ponds, swamps, quarries, mines or mineral deposits, and order thereon, one dollar per page.
(69) For receiving and filing of a complete inventory of all items to be included in a “closing out sale”, “going out of business sale”, “discontinuance of business sale”, “selling out”, “liquidation”, “lost our lease”, “must vacate”, “forced out”, or other designation of like meaning, one dollar per page.
[There are no clauses (70) or (71).
] (72) For the registration of a stallion kept for breeding purposes, fifty cents.
[There is no clause (73).
] (74) For filing notice by owner or lessee of a tenement house in towns under the provisions of section fifty-nine of chapter one hundred and forty-five, one dollar.
(75) For filing a copy of written instrument or declaration of trust by the trustees of an association or trust, or any amendment thereof, as provided by section two of chapter one hundred and eighty-two, five dollars.
(76) For registering vessels used for sale of milk as provided by section forty-five of chapter ninety-four, one dollar.
[There is no clause (77).
] (78) For recording deed of lot or plot in a public burial place or cemetery, one dollar.
(79) For recording any paper not specifically named herein, the fee shall, unless otherwise provided, be one dollar per page. If a paper contains the names of more than two parties, an additional fee of twenty-five cents each shall be charged for indexing the names of additional parties.
The schedule of fees for city and town clerks as established by this section shall be posted in a conspicuous place in the office of every such clerk.
Chapter 262: Section 34A. Repealed, 1981, 684, Sec. 19 Chapter 262: Section 35. Marriages Section 35. The fee for lawfully solemnizing and certifying a marriage shall not exceed $75 if performed in the justice of the peace’s home community or $125 if performed in any municipality in the commonwealth; provided, however, that no additional charge shall be made for travel in connection with such solemnization notwithstanding any law to the contrary. Nor shall any additional charge be made by a justice of the peace, for providing flowers, for providing music, for providing a photographer, for providing a location where the marriage ceremony takes place, or for providing an unofficial certificate of marriage. Additional charges are allowable for prenuptial counseling conferences, rehearsals, and other special requests by the couple whose marriage is being solemnized; provided, however, that the amount of these additional charges must be disclosed in writing to the couple whose marriage is being solemnized at least forty-eight hours prior to the rendering of these services. The total fee for lawfully solemnizing and certifying a marriage shall not exceed the fee limit fixed for solemnizing and certifying a marriage in a justice of the peace’s home community where a municipal employee who is also a justice of the peace solemnizes a marriage in a municipal building at a time when said building is regularly open for business.
Chapter 262: Section 36. Certification Section 36. The fee for copies of any official papers or articles of organization certified by the state secretary shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. The fee for the state secretary’s certificate on copies or otherwise shall be determined also under the aforementioned provision.
Chapter 262: Section 37. Records or papers; examination Section 37. Every person upon whose application an examination of records or papers is made by direction of the state secretary shall pay to the secretary therefor the actual expense thereof, and of copying the manuscript or record required; but any person whom the secretary considers to be entitled to exemption from said fees shall receive such service and copies for such reduced fees, or without fee, as the secretary may determine.
Chapter 262: Section 38. Enumeration of fees Section 38. The fees of the registers of deeds, except as otherwise provided, to be paid when the instrument is left for recording, filing or deposit shall be as follows:For entering and recording any paper, certifying the same on the original, and indexing it and for all other duties pertaining thereto, $50;For recording a declaration of trust, $200;For recording a deed or conveyance, $100;For recording a mortgage, $150;For recording a declaration of homestead, $30;For recording and filing a plan, $50 per sheet; andFor all copies of documents, whether copied out of books or generated electronically, $1 per page, and all coin operated copy machines shall be $.
50 per page.
The fees of the registers of deeds, except as otherwise provided, to be paid when the instrument is left for recording, filing or deposit, shall be subject to a surcharge under section 8 of chapter 44B.
Chapter 262: Section 39. Enumeration of fees Section 39. The fees payable under chapter one hundred and eighty-five shall be as follows:For the entry of every original petition, complaint or writ and transmitting it to the recorder, when filed with an assistant recorder, $240. For the entry of complaint to foreclose tax lien $200. An additional fee of $90 shall be paid for the issuance of an injunction or restraining order.
For every plan filed in an original proceeding, $70, and for every new plan filed after original registration, or for making a new plan filed under an original registration, or for making a new plan on request of a registered owner, thirty dollars, plus five dollars for each lot shown on said plan.
The filing fee in the registry of deeds upon receipt from the recorder of the land court department of a plan or copy of a plan shall be $50 per sheet.
For indexing an instrument recorded while a petition for registration is pending, $7.
For examining title, on a petition to register land, or on a petition to register easements or rights in land, the actual amount charged or allowed therefor to the examiner by the court.
For each notice by mail, $5 plus the actual cost of printing.
For all services by a sheriff or deputy sheriff under provisions of chapter one hundred and eighty-five, the same fees as are provided by law for like services.
For each notice by publication, $5 plus actual cost of publication.
For entry of an order dismissing a petition for registration of title, or for foreclosure of a tax title, or a decree of foreclosure of a tax title or of redemption, and sending a memorandum to the assistant recorder, $35.
For entry of a decree of registration and sending a memorandum to the assistant recorder, three-eighths of one percent of the assessed value of the property registered, on the basis of the last assessment for municipal taxation, in addition to any sum payable under section ninety-nine of chapter one hundred and eighty-five, but in no one proceeding shall the amount payable under this paragraph be less than $70 nor more than $2,800.
For the entry of an original certificate of title, including issue of one duplicate, $70.
For the entry of a new certificate of title, including issue of one duplicate, $100.
For filing and registering an adverse claim, $50.
For filing a sewer assessment, $50 for each document and $5 for each additional certificate affected.
For filing and registering a mortgage, $150.
For entering statement of change of residence or post office address, including endorsing and attesting it on a duplicate certificate, twenty dollars.
For entering any note in the entry book or in the registration book, twenty dollars.
For every petition after the original registration, $50.
For a certified copy of any decree or registered instrument, the same fees as are provided for registers of deeds.
For the registration of all other instruments, whether single or in duplicate or triplicate, including entering, indexing and filing it and attesting to the registration thereof, and also making and attesting a copy of memorandum on one instrument or a duplicate certificate when required, except as otherwise provided, $50, and $50 for the making and attesting of a copy of memorandum on each additional certificate and duplicate. For noting the registration of any instrument on each other certificate and duplicate in addition to the first certificate duplicate, $50.
The fees of the assistant recorder, except as otherwise provided, to be paid when the instrument is left for registering, filing or entering with respect to registered land shall be subject to a surcharge under section 8 of chapter 44B.
The fee for filing a declaration of homestead shall be $30.
The fee for the filing and registration of a declaration of trust shall be $200.
Chapter 262: Section 3A. Child support collection services; fee Section 3A. The district court department shall impose a fee for child support collection services furnished under chapter two hundred and seventy-three, two hundred and seventy-three A or any other chapter in which an individual may be ordered to pay support on behalf of another. The amount of the fee and the manner in which it is imposed shall be in accordance with the provisions of 42 USC Secs. 651 to 660, inclusive, of the Social Security Act.
Chapter 262: Section 4. Fees of clerks of supreme judicial, county and appeals courts Section 4. The fees of the clerks of the supreme judicial court for the commonwealth and for each of the counties and for the appeals court shall be as follows:for the entry of a complaint, petition, appeal or other action, $300;for the filing of an application for further appellate review, $270; andfor the issuance of an injunction or restraining order, $90.
Notwithstanding the foregoing, no fee shall be paid for the entry of an appeal, petition, complaint or other action and for the filing of an application for further appellate review by the commonwealth and no fee shall be charged to the commonwealth for the issuance of an injunction or restraining order, but if the commonwealth prevails in the action, the fees shall be taxed against the other party.
Chapter 262: Section 40. Enumeration of fees Section 40. The fees of registers of the probate and family court department of the trial court, shall be as follows:for the entry of a complaint for divorce or for affirming or annulling marriage, except as provided hereinafter for an action in equity, $200;for the entry of an action for separate support, $100;for the entry of a petition for the probate of a will, for administration of the estate of a person deceased intestate, for administration of goods not already administered, with the will annexed or otherwise, of a petition under section 35 or 36 of chapter 209 by a husband or wife for authority to convey land as if sole, of a petition for partition, for change of name, for leave to carry on the business of the deceased and for the appointment of a special administrator, conservator, trustee, receiver of the estate of an absentee or a guardian, except when the petitioner certifies that the ward’s estate does not exceed $100, $150;for filing a representation of insolvency, $150;for the entry of a petition: for leave to lease real estate; for specific performance; for leave to mortgage real estate; in equity except, such as relates to separate support, adoption or the custody or support of minors; for release of dower or courtesy; for letters to a foreign guardian; petition for leave to compromise; and for leave to pay debts, except when the petitioner or accountant certifies that the estate does not exceed $1,000 in value, $75;for the entry of a general petition except such as relates to adoption or custody or support of minors, $150;for the entry of a petition for removal of a fiduciary, $100;for the amendment of record except such as relates to separate support, adoption or the custody or support of minors, for discharge of surety, for care of burial lot and for erection of a monument, $60 each;for new bond and for new inventory, $75 each;for filing a statement of voluntary administration, $100;for the petition or application for allowance of an account where the gross value accounted for in Schedule A of the account is $1,000 or less, no fee; where the gross value is more than $1,000 but not more than $10,000, $75 a year; provided, however, that the fees shall not exceed $170 regardless of the time covered by the account; where the gross value is $10,000, more than $10,000 but not more than $100,000, $100 for each year or major fraction thereof covered by the account; where the gross value is more than $100,000 but not more than $500,000, $150 for each year or major fraction thereof covered by the account; where the gross value is more than $500,000 and not more than $1,000,000, $200 for each year or major fraction thereof covered by the account; where the gross value is more than $1,000,000, $400 for each year or major fraction thereof covered by the account;for the petition or application for sale of real or personal estate an account where the gross value accounted for is $100,000 or less, $100; where the gross value is more than $100,000 but not more than $250,000, $250; where the gross value is more than $250,000 but not more than $500,000, $500; where the gross value is more than $500,000 but less than $100,000,000, $750; where the gross value is more than $500,000 but not more than $1,000,000, $750; where said gross value is over $1,000,000, $1000;for filing a motion for change of name, $100;for filing a motion for the framing of jury issues, $140;for filing a will for safekeeping, $75; provided, that no additional fee shall be charged for filing a will in substitution for a will previously filed and withdrawn;for filing a bond, $50;for issuance of an injunction, $150;for issuance of a temporary restraining order, $100; andfor entry of an action for the modification of a decree, $150.
Notwithstanding this section, no fee shall be charged for the filing of a complaint to modify a temporary order or final judgment relating to support, maintenance or education of a child nor for the issuance of a temporary restraining order against a spouse related to a complaint for divorce or separate support.
Chapter 262: Section 40A. Child support collection services; fee Section 40A. The probate and family court department shall impose a fee for child support collection services furnished under chapter two hundred and eight, two hundred and nine or any other chapter in which an individual may be ordered to pay support on behalf of another. The amount of the fee and the manner in which it is imposed shall be in accordance with the provisions of 42 USC Secs. 651 to 660, inclusive, of the Social Security Act.
Chapter 262: Section 41. Enumeration of fees Section 41. The fees of notaries public shall be as follows:For the protest of a bill of exchange, order, draft or check for non-acceptance or non-payment, or of a promissory note for non-payment, if the amount thereof is five hundred dollars or more, one dollar; if it is less than five hundred dollars, fifty cents; for recording the same, fifty cents; for noting the non-acceptance or non-payment of a bill of exchange, order, draft or check or the non-payment of a promissory note, seventy-five cents; and for each notice of the non-acceptance or non-payment of a bill, order, draft, check or note, given to a party liable for the payment thereof, twenty-five cents; but the whole cost of protest, including necessary notices and the record, if the bill, order, draft, check or note is of the amount of five hundred dollars or more, shall not exceed two dollars, and if it is less than five hundred dollars, shall not exceed one dollar and fifty cents; and the whole cost of noting, including recording and notices, shall in no case exceed one dollar and twenty-five cents.
Chapter 262: Section 42. Enumeration of fees Section 42. The fees of commissioners appointed under section four of chapter two hundred and twenty-two shall be as follows:For administering oaths and certifying the same under their official seals, one dollar for each; for taking acknowledgments of deeds and other instruments and certifying the same under their official seals, one dollar for each; for each written page contained in any deposition or affidavit taken by them, fifty cents; for administering the oath or affirmation to each deponent, one dollar; for authenticating, sealing up and directing each deposition, one dollar; for services not hereinbefore specified, the same fees as are allowed to justices of the peace in this commonwealth for like services; but the court to which a deposition is returnable shall order further allowance therefor if it appears proper to do so.
Chapter 262: Section 43. Construction Section 43. The fees of public officers for any official duty or service shall, except as otherwise provided, be at the rate prescribed in this chapter for like services.
Chapter 262: Section 44. Copies Section 44. The department of telecommunications and energy may charge a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven for copies of official documents and orders relating to common and contract carriers. Other public officers required by law to furnish copies of records or other papers shall receive fees for such copies at the same rate as is provided in paragraph (a) of section ten of chapter sixty-six, unless otherwise provided.
Chapter 262: Section 44A. Certified copies of vital records; exemption Section 44A. The fee for a certified copy of a birth, marriage or death record issued by the office of the commissioner of public health shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven; except that any person whom the commissioner or registrar of vital records and statistics considers to be entitled to exemption from said fees shall receive such copies at reduced fee or no fee as the commissioner or registrar shall determine.
Chapter 262: Section 45. Page defined Section 45. A page, when used as the measure of computation, shall mean two hundred and twenty-four words.
Chapter 262: Section 46. List of fees; manner of posting Section 46. Each of the officers before mentioned shall always keep posted in a conspicuous and convenient place in his office a printed or written list of the fees prescribed in this chapter so far as they relate to him.
Chapter 262: Section 46A. Copies of records concerning veterans; furnishings without charge Section 46A. No fee for a copy of any record relating to the birth, death, marriage, divorce, adoption or change of name of any veteran, as defined in clause Forty-third of section seven of chapter four, or relating to any person a copy of whose like record is necessary to assist in proving a claim against the United States or the commonwealth by the veteran or by his or her spouse, widow, widower, children, dependents or legal representatives, shall be demanded or received by any officer of the commonwealth, or of any county, city or town thereof, who has charge of such records, from the veteran or from his or her spouse, widow, widower, children, dependents or legal representatives; provided, that such copy is for use in relation to such a claim against the United States or the commonwealth.
Chapter 262: Section 47. Criminal cases; return of expense under oath Section 47. No fees shall be allowed upon the return of an officer upon a precept in a criminal case, in which expenses are charged, unless every item of expense incurred and the name of the person to whom each amount was paid is set forth under oath in the return; and no item of expense which may be considered unreasonable shall be allowed by the court without satisfactory proof that the expense was necessarily incurred and the amount reasonable. But the superior court, with the written approval of the district attorney, or a district court or a trial justice, may, upon the petition of an officer named in sections fifty and fifty-one, allow extra compensation for any meritorious service for which the fees allowed by law are manifestly inadequate. No allowance shall be made for aid in the service of a mittimus, unless first authorized in writing by the court which issues it. Justices, clerks and assistant clerks of courts shall administer the oath to officers upon their returns, at their request; and no fee shall be allowed to an officer for such oath, and no justice of the peace shall be entitled to a fee for administering such oath.
Chapter 262: Section 48. Criminal cases; service of several processes on single defendant; allowance of fees Section 48. If more than one criminal process is served upon the same defendant on the same day, or if two or more prisoners are conveyed at one time by the same officer, by virtue of a mittimus, habeas corpus or state prison warrant, either on one process or on several processes, one traveling fee and one service only shall be allowed in conveying such additional prisoner or prisoners, in addition to the actual reasonable expense necessarily incurred.
Chapter 262: Section 49. Mittimus; fees for issuance or service; limitations Section 49. No fee shall be allowed to a trial justice for issuing more than one mittimus, nor to an officer for the service of more than one mittimus, in cases in which two or more persons are jointly convicted and sentenced to the same place of imprisonment; and, if the superior court is of opinion that a trial justice has improvidently issued two or more warrants against the same defendants for similar offences, no fees shall be allowed to the justice upon any of said warrants.
Chapter 262: Section 4A. Clerks of superior court department Section 4A. The fees of clerks of court of the superior court department of the trial court shall be as follows:for the entry in the superior court department of the trial court of a complaint, third-party complaint, petition or other action and for the filing of a motion to intervene as plaintiff, $240;for the filing of a petition to the county commissioners, $30, except that no fee shall be required from a municipality filing a petition to the county commissioners for the county in which it is located; andfor the issuance of an injunction or restraining order, $90.
The clerk shall collect, for every civil case, a $20 security fee.
Notwithstanding the foregoing, no fee shall be paid for the entry of a complaint, petition or other action by the commonwealth and no fee shall be charged to the commonwealth for the issuance of an injunction or restraining order, but if the commonwealth prevails in the action, the fees shall be taxed against the other party.
Chapter 262: Section 4B. Uniform schedule of fees Section 4B. The chief administrative justice of the trial court, shall, subject to the approval of the supreme judicial court, establish and periodically revise a uniform schedule of fees to be charged by the various departments of the trial court for court documents and services which shall include, but not be limited to, certificates of orders, decrees, rulings, judgments, attested and unattested copies of court documents, records, blank writs and summons, subpoenas, writs of habeas corpus, for other forms, for approving or disapproving sureties on bonds or recognizances, for tape cassette recordings of proceedings in the trial court department, for commissions to take depositions, and for waivers of notice of marriage.
Chapter 262: Section 4C. Surcharge on filing fees Section 4C. Any party entering a complaint, petition or other civil action in any court of the commonwealth, except small claims cases, in which an initial filing fee is payable, and to which a separate docket number is assigned shall pay to the clerk of said court a surcharge of $15 in addition to the fee otherwise required by this chapter. A party entering a small claims action shall pay a surcharge of $10. All such charges collected pursuant to this section shall be transmitted monthly by the clerk of court to the treasurer and shall be credited to the General Fund.
Chapter 262: Section 4D. Repealed, 2004, 310, Sec. 1 Chapter 262: Section 5. Copies Section 5. When clerks cause copies to be printed which they are required to furnish, they shall make no charge for such printed copies in excess of the amount actually paid for the printing thereof. They may require the estimated cost of said printing to be paid in advance, and they shall supervise the printing and correct the proofs without charge. All written copies, including such as are prepared for printing, shall be charged for at the rate of twenty cents a page; provided, that clerks shall, upon the request of the chief police officer of any city or town, or of any district attorney within the commonwealth, furnish without charge to such chief police officer or district attorney certified copies of criminal records in their custody.
Chapter 262: Section 50. Salaried officers; limitation on acceptance of fees; penalty Section 50. No officer in attendance on any court, sheriff, deputy sheriff, jailer, constable, city marshal or other police officer who receives a salary or an allowance by the day or hour from the commonwealth or from a county, city or town shall, except as otherwise hereinafter provided, be paid any fee or extra compensation for official services performed by him in any criminal case; or for aid rendered to another officer; or for testifying as a witness in a criminal case during the time for which he receives such salary or allowance; or for services or as a witness at an autopsy or inquest; or in proceedings for commitment of mentally ill persons; but his expenses, necessarily and actually, incurred, and actually disbursed by him in a criminal case shall be paid by the commonwealth. Whoever receives extra compensation or a witness fee in violation of this section shall be punished by a fine of not more than one hundred dollars.
Chapter 262: Section 51. Criminal cases; additional fees and expenses Section 51. The fees and expenses of officers, other than those named in section fifty, in a criminal case, shall be paid by the commonwealth.
Chapter 262: Section 52. Repealed, 1978, 478, Sec. 276 Chapter 262: Section 53. Attendance of police officers on vacation, furlough or day off as witnesses; criminal or juvenile cases Section 53. Any police officer on duty at night, on vacation, furlough or on a day off, who attends as a witness in a criminal case pending in a district court, including the municipal court of the city of Boston, or in a juvenile court, including Boston juvenile court, shall be allowed a witness fee in the amount of three dollars for each day’s attendance, including his first attendance as arresting officer in the case. Any police officer on duty at night, vacation, furlough or on a day off, who attends as a witness in a criminal case pending in a district court, including the municipal court of the city of Boston, or in a juvenile court, including Boston juvenile court, and who by reason of a continuance or postponement thereof, is required to again attend, shall be paid the amount of three dollars for each day of such further attendance. Any police officer on duty at night, vacation, furlough or on a day off, who attends the superior court as a witness for the commonwealth shall be paid a witness fee in the amount of three dollars for each day’s attendance. A police officer who is a witness for the commonwealth, and who under the direction of the district attorney aids in securing the attendance of other witnesses, may receive, instead of his expenses, witness fees in the amount of three dollars for one day’s attendance. Police officers shall serve subpoenas upon witnesses when requested by the district attorney, and their returns of service shall have the same force and effect as the return of a deputy sheriff or constable.
Chapter 262: Section 53A. Police officers as witnesses outside place of residence; criminal, juvenile or superior courts Section 53A. Any police officer named in section fifty and section fifty-three who attends as a witness at a place other than his residence in a criminal case pending in a district court, including the municipal court of the city of Boston, or in a juvenile court, or in the superior court shall be paid eight cents a mile for travel out and home for each day’s attendance, except that travel allowance shall not be allowed when such travel is made in municipally-owned vehicles. Each officer shall certify in writing the amount of his travel and attendance. Such payments shall be in addition to his other expenses necessarily and actually incurred as provided for in section fifty and shall be paid in the same manner as such expenses are required to be paid by section fifty.
Chapter 262: Section 53B. Witness fees of uniformed members of department of state police Section 53B. Any uniformed member of the department of state police, appointed under section ten of chapter twenty-two C, on duty at night, or on vacation or furlough, or on a day off, who attends as a witness in a civil or criminal suit pending in a district court or in a juvenile court or in the superior court shall be allowed a witness fee in the amount of three dollars for each day’s attendance including his first day’s attendance as arresting officer. Any such officer who attends court held at a place other than his residence in a criminal case pending in any court of the commonwealth shall be reimbursed in accordance with the mileage rate then in effect for state employees as set by the commissioner of administration for travel out and home for each day’s attendance, except that travel allowance shall not be allowed when such travel is made in state-owned vehicles. Each officer shall certify in writing under the penalties of perjury the amount of his travel and attendance. Such payments shall be in addition to his other expenses necessarily and actually incurred as provided for in section fifty and shall be paid in the same manner.
Chapter 262: Section 53C. Compensatory time off to police officers Section 53C. Any police officer, including an officer of the department of state police appointed under section ten of chapter twenty-two C, on duty at night or on vacation, furlough or on a day off, who attends as a witness for the commonwealth in a criminal case pending in a district court, including the municipal court of the city of Boston, or any juvenile court, or the superior court, may, in lieu of the witness fee to which he would otherwise be entitled under section fifty-three or section fifty-three B, as the case may be, be granted such compensatory time off as shall be equal to the time during which he was in attendance at such court, but in no event shall less than three hours compensatory time off be granted him or, if such additional time off cannot be given because of personnel shortage or other cause, he shall, in lieu of said witness fee, be entitled to additional pay for the time during which he was in attendance at such court, but in no event shall he receive less than three hours additional pay.
Chapter 262: Section 54. Repealed, 1970, 546 Chapter 262: Section 55. Railroad police Section 55. Railroad police shall not be entitled to any fees for attendance upon a trial as witnesses for the commonwealth, but they may be allowed their necessary expenses therefor.
Chapter 262: Section 56. Witness fees of public officers; disallowance Section 56. Except as otherwise provided, an officer of the commonwealth whose salary is fixed by law, or any employee of the commonwealth receiving regular compensation therefrom shall not be entitled to a witness fee before any court in a cause in which the commonwealth is a party. An officer whose compensation is derived solely from fees shall not be entitled to receive more than one fee as a witness for a day’s attendance on court under one or more summonses in behalf of the commonwealth, and the said fee shall be apportioned by the clerk among the cases in which he is summoned. Nothing in this section shall be construed to authorize the payment of a witness fee to any member of the police department of said commission if he is on duty at the time of his attendance on court as a witness.
Chapter 262: Section 57. Public officers as witnesses; allowance of expenses Section 57. If it appears on oath that a salaried officer of the commonwealth has attended court as a witness in behalf of the commonwealth, at a place other than his residence, and that his necessary expenses have been increased by such attendance, the court may allow such increased necessary expenses, not exceeding one dollar and fifty cents a day in all, for such actual and necessary attendance.
Chapter 262: Section 58. Penalty Section 58. Whoever receives a witness fee or allowance for increased necessary expenses in violation of any provision of the three preceding sections shall be punished by a fine of not more than one hundred dollars. Every clerk of a court shall report forthwith to the district attorney for his county every violation of said sections which comes to his knowledge, and said district attorneys shall institute prosecutions therefor.