In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing, whether or not that party claims all or any part of the sum or thing. The party making the deposit shall serve the order permitting deposit on the clerk of the court. Money paid into court under this rule shall be deposited in an interest-bearing account in a federally insured bank or savings and loan association authorized to receive public funds, to the credit of the court in the action or proceeding in which the money was paid. The fund so deposited plus any interest shall be paid only upon the check of the clerk of the court, annexed to its certified order for the payment, and in favor of the person to whom the order directs the payment to be made.
Rule 67.Deposit in court.
Last verified July 6, 2026
In one sentenceRule 67 lets a party facing a claim for money or specific property deposit that sum or property with the court, after giving notice to the other parties and obtaining the court's permission, so that funds deposited earn interest in a federally insured account until the court orders payment to whoever is ultimately entitled to it.
Full Text of Rule 67
(dc) District court rule. Rule 67 applies in the district courts.
Amendment History
[Amended eff. 10-1-95.]
Committee Comments
Committee Comments on 1973 Adoption
The first sentence of the rule, authorizing payment of money into court, or deposit of a thing capable of delivery, is identical with the first sentence of Federal Rule 67. It states a general principle which Alabama has recognized in a number of specific situations. Among the principal reasons for depositing money with the court will be where the depositor has no interest in the controversy and desires to be relieved from any personal liability, as in cases of strict interpleader, see Rule 22(b), and also where the stakeholder wishes to stop the further accrual of interest. Murphy v. Merchants Nat. Bank, 240 Ala. 688, 200 So. 894 (1941); Mims v. Alabama Power Co., 262 Ala. 121, 77 So.2d 648 (1955). Alabama statutes which have allowed deposit in court in particular circumstances are not superseded by this rule, but should be regarded as cumulative to it. This Rule further provides for deposit at interest. This provision has been added so as to minimize the possibility of the deposit of substantial sums of money for relatively long periods of time without the accrual of interest.
Committee Comments to October 1, 1995, Amendment to Rule 67
The amendment incorporates recent amendments to F.R.Civ.P. 67, which allow deposit even when the litigant claims all or any part of the fund. It further requires service of an order calling for deposit on the clerk so as to assure notice to the clerk of responsibilities as to the fund.
Plain-English Summary
Rule 67 applies when part of the relief sought in a case is a judgment for a sum of money or the handing over of some other thing capable of delivery. In that situation, a party may deposit all or part of that money or property with the court, and this option is available even if the depositing party claims some or all of the sum or thing for itself. The deposit requires notice to every other party in the case and requires the court's leave, meaning a party cannot hand money to the clerk unilaterally.
Once the court permits the deposit, the party making it must serve the court's order permitting the deposit on the clerk. Money deposited under this rule does not sit idle; it must be placed in an interest-bearing account at a federally insured bank or savings and loan association authorized to hold public funds, credited to the court in connection with the specific action.
The deposited fund, together with any interest it earns, can only be paid out through a check issued by the clerk, attached to the court's certified order directing payment, and made out to whoever the order identifies as entitled to receive it. This structure protects the deposited funds from being released except through a clear, documented court directive, while ensuring the money does not lose value while the litigation over its ultimate disposition continues.
Frequently Asked Questions
When can a party deposit money or property with the court under Rule 67?
A party can do this in an action where part of the relief sought is a judgment for a sum of money or the delivery of some other thing, provided the party gives notice to every other party and obtains the court's leave first.
Can a party deposit funds with the court even if that party claims part of the money for itself?
Yes, Rule 67 allows a deposit regardless of whether the depositing party claims all, part, or none of the sum or thing being deposited.
What happens to money once it is deposited with the court?
It must be placed in an interest-bearing account at a federally insured bank or savings and loan association authorized to hold public funds, credited to the court in that action, so the fund earns interest while the case continues.
How is money released from a court deposit under Rule 67?
It can be paid out only by a check from the clerk of the court, attached to the court's certified order for payment, made payable to the person the order identifies.
Does Rule 67 apply in Alabama district courts?
Yes, Rule 67 applies in the district courts.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 67). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: deposit in court Alabamapaying money into courtinterpleader deposit rulecourt registry fundsAla. R. Civ. P. 67