Mass. R. App. P. 26

As amended through October 3, 2024
Rule 26 - Costs in Civil Cases

This rule applies only to civil cases.

(a) To Whom Allowed. Except as otherwise provided by law or ordered by the court, (1) if an appeal is dismissed, costs shall be taxed against the appellant unless otherwise agreed to by the parties; (2) if a judgment is affirmed, costs shall be taxed against the appellant; (3) if a judgment is reversed, costs shall be taxed against the appellee; (4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as ordered by the appellate court. Costs shall not be taxed against a party determined indigent in the same proceeding.
(b) Costs For and Against the Commonwealth. In cases involving the Commonwealth or an agency or officer thereof, if an award of costs against the Commonwealth is authorized by law, costs shall be awarded in accordance with the provisions of Rule 26(a); otherwise, costs shall not be awarded for or against the Commonwealth.
(c) Costs of Briefs and Appendices. The cost of printing or otherwise producing necessary copies of briefs and appendices shall be taxable in the lower court at rates not higher than those generally charged for such work in the Commonwealth. A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs which shall be filed with the clerk of the lower court, with proof of service, within 14 days after the entry of judgment.
(d) Clerk to Insert Costs in Lower Court Judgment; Costs Taxable. The clerk of the lower court shall prepare and certify an itemized statement of costs on appeal for insertion in the lower court judgment. The following costs on appeal are taxable in the lower court for the benefit of the party entitled to costs under this rule:
(1) copies under Rule 26(c);
(2) costs incurred in the preparation and transmission of the record;
(3) the reporter's transcript, if necessary to determine the appeal;
(4) the premiums paid for any bond to preserve rights pending appeal;
(5) the fee for docketing the appeal under Rule 10(a)(1); and
(6) the cost of any convenience fees and other administrative fees levied for the privilege of paying fees or costs by credit card or other means, including, but not limited to, fees for electronic filing of documents or pleadings with the court.

Mass. R. App. P. 26

Amended May 15, 1979, effective 7/1/1979; amended October 31, 2018, effective 3/1/2019.