§ 572.Generally
Title 7. Other Provisional Remedies In Civil Actions · Chapter 6. Deposit in Court · Last amended 1986 · Last verified July 28, 2026
Full Text of § 572
Plain-English Summary
Litigation sometimes centers on a specific sum of money or a specific piece of property that one party is holding but doesn't really own -- money held in trust, a disputed fund, property that belongs to the other side. Section 572 lets the court take that asset out of the holding party's hands while the case continues, on motion, whenever the necessary facts are shown.
The court can order the deposit or delivery when the pleadings themselves admit the party has possession or control of the money or thing, or when examination of the party during the action shows it, and the money or thing either is the subject of litigation held in trust for another, belongs or is due to another party, or should be held by the court under the circumstances of the case pending final disposition.
What happens to the deposited asset isn't fixed by this section -- the court can order it deposited in court, or delivered directly to the other party, on whatever conditions are just, and always subject to the court's further direction as the case moves forward. Section 573 explains where a court-ordered monetary deposit goes once it's made.
Frequently Asked Questions
When can a court order money or property deposited with the court?
When the pleadings admit, or examination of a party shows, that the party holds money or a deliverable thing as trustee for another, that it belongs or is due to another party, or that it should be held by the court pending final disposition of the action.
Does the money have to go to the court, or can it go to the other party instead?
Either. Section 572 lets the court order the asset deposited in court or delivered to the other party, on whatever conditions are just.
Is a deposit ordered under § 572 permanent?
No, it remains subject to the further direction of the court as the case proceeds.
Amendment History
Amended by Stats. 1986, Ch. 540, Sec. 6.