In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of 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. Money or property paid into court under this rule shall not be withdrawn except upon the express, written order of the court and shall be delivered only to the person determined by the court to be entitled thereto.
Rule 67.Deposit in Court
Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 67 lets a party deposit disputed money or property with the court, by leave of court and notice to the other side, so it stays safe until the court decides -- by written order -- who is entitled to it.
Full Text of Rule 67
Reporter's Notes
Reporter’s Notes to Rule 67: 1. Rule 67 is a slightly modified version of FRCP 67. The only variation is found in the last sentence and this change is designed to safeguard the money or object on deposit by insuring that it shall not be released without the express, written order of the court and only then to the person whom the court has determined to be entitled to possession.
2. Prior Arkansas law was codified as superseded Ark. Stat. Ann. § 27-1601 (Repl. 1962). Under this rule, however, a party must initiate the deposit as opposed to having the court take the initiative. The deposit must be with leave of the court and upon notice to the opposing party.
Plain-English Summary
Some lawsuits turn on money or property that everyone agrees has to go to somebody, just not to whom yet. Rule 67 gives a party a way to take that sum or item out of play by handing it over to the court rather than holding onto it, or handing it to the other side, while the dispute over entitlement continues. It applies wherever part of the relief sought in the action is a judgment for money, the disposition of money, or the disposition of any other thing that can be delivered.
The deposit does not happen automatically. A party has to give notice to every other party and obtain the court's leave before placing the money or property with the court. That two-step requirement keeps the deposit from being sprung on anyone and lets the court confirm the deposit is the right way to handle the particular dispute before it accepts custody of the funds or property.
Once something is deposited under this rule, it is locked down. It cannot be withdrawn except by the court's express, written order, and it can be delivered only to whoever the court determines is entitled to it. That restriction is deliberate: it keeps the deposited money or property from being released informally, by agreement of the parties alone or by anything short of a considered court order naming the rightful recipient.
Frequently Asked Questions
What kinds of cases use Rule 67?
Any case where part of the relief sought is a judgment for money, the disposition of a sum of money, or the disposition of some other thing capable of delivery -- for example, a stakeholder holding disputed proceeds who wants them held safely while the parties fight over who gets them.
Can I deposit money with the court whenever I want?
No. Rule 67 requires notice to every other party and leave of court before the deposit is made. It is not a unilateral move; the court has to authorize it.
Once money is deposited, can a party get it back?
Only by an express, written order of the court. The rule does not allow withdrawal by agreement of the parties or by informal request -- the court has to direct it in writing.
Who decides who ultimately receives the deposited funds?
The court. Rule 67 states that deposited money or property is delivered only to the person the court determines is entitled to it, which happens as the underlying dispute over entitlement is resolved.
How is this different from holding the money myself pending judgment?
Depositing with the court removes any question about whether the funds were preserved, invested, or spent by the depositing party while the case was pending, and it puts release of the money entirely in the court's hands rather than leaving it to the parties to work out later.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: deposit money with the courtpay funds into court registryescrow pending litigationdeposit in court rulecourt holds disputed funds