Costs in civil cases

(2019) The free-standing parenthetical subtitle “(Applicable to Civil Cases)” in prior Rule 26 was deleted and its substance moved to the title of Rule 26 and to the introductory sentence. Rule 26(a) was revised to simplify the language of the sentence and add numbering to the various scenarios in which costs may be taxed. The list was also expanded to include judgments affirmed in part or modified in those situations where the costs are taxed only as ordered by the appellate court. New language was added to provide that costs are not to be taxed against a party determined indigent in the same proceeding. Rule 26(c) . Language including copies of records authorized by prior Rule 18(f) as taxable costs was deleted consistent with the deletion of that provision as described in the 2019 Reporter’s Notes to Rule 18(f) . Rule 26(d) . Language indicating that a fee for filing a notice of appeal will be taxed as a cost was deleted. Though the prior language of this Rule tracked the Federal rule, a fee for filing the notice of appeal does not exist for appeals that will be heard in the Appeals Court or the Supreme Judicial Court. Rather, a fee, if required, is paid upon docketing. The language was updated to reflect this practice. In addition, language was added indicating that certain administrative and convenience fees are recoverable costs, such as credit card convenience fees, fees incurred when electronically filing, and other such costs. This change updates the rule to reflect current costs that may be incurred by a party in prosecuting an appeal. Further organizational and stylistic revisions were made to this rule in 2019 in accordance with a global review and revision of all of the Appellate Rules. These revisions are described in the 2019 Reporter’s Notes to Rule 1 . With regard to the preparation of the 2019 Reporter’s Notes to this Rule, see the first paragraph of the 2019 Reporter’s Notes to Rule 1 . For an overview of the 2019 amendments to the Rules and a summary of the global amendments to the Rules, see 2019 Reporter’s Notes to Rule 1, sections I. and II . (1979) Rule 26 is limited to civil cases. (1973) Appellate Rule 26, based on F.R.A.P. 39, governs the allowance of costs, and follows prior practice. See G.L. c. 261, § 22 . Costs are taxable against the Commonwealth as against an individual. G.L. c. 261, §§ 14 , 16 . Appellate Rule 26(c) , dealing with costs of briefs, enlarges existing practice somewhat, see former G.L. c. 261, § 25 ; previously a prevailing party could recover only $50 of the cost of printing his brief, unless the court allowed a larger discretionary sum; under Appellate Rule 26(c) the prevailing party recovers the necessary costs of producing the briefs at a rate not higher than such costs generally charged in the Commonwealth.