(a) By Party. 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, to be held by the clerk of the court subject to withdrawal in whole or in part at any time thereafter upon order of the court.
Rule 67.Deposit in Court
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 67 lets a party or a court-ordered trustee deposit disputed money or property with the court clerk while a case is pending, giving the parties a neutral place to hold funds instead of one side controlling them.
Full Text of Rule 67
(b) By Trustee. When it is admitted by the pleadings or examination of a party that he has in his possession or under his control any money or other things capable of delivery which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, upon motion, the court may order the same to be deposited in court or delivered to such party, upon such conditions as may be just, subject to the further direction of the court.
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
Rule 67 gives a court a way to hold money or property that is part of what a lawsuit is fighting over. If part of the relief sought in a case is a judgment for money or for handing over something else that can be delivered, a party can ask the court for permission to deposit that sum or item with the clerk, after giving notice to every other party. Once deposited, the funds or property sit with the clerk until the court orders them released, in whole or in part.
The rule also covers a different situation: someone who admits, through pleadings or under examination, that they hold money or property in trust for another party, or that they owe it to another party. In that case, the court can order the holder to deposit it with the court or hand it directly to the party entitled to it, on whatever conditions the court sets.
Rule 67 is a stakeholder mechanism, not a settlement tool. It does not shift costs or fees based on who wins, and depositing money under this rule is different from making a settlement offer; it moves disputed funds or property out of a party's hands and into the court's custody until the dispute over who owns them is resolved.
Frequently Asked Questions
Is Rule 67 Colorado's version of an offer of judgment?
No. Rule 67 is a deposit mechanism, not a settlement device with cost consequences. It lets a party place disputed money or property with the court clerk while the case is pending; it does not create any obligation to pay a party's fees or costs based on rejecting an offer.
Does a party need the court's permission to deposit money under Rule 67?
Yes, when a party makes the deposit under Rule 67(a). The rule requires notice to every other party and leave of court before the clerk will accept and hold the funds or property.
What happens to money once it is deposited with the court?
The clerk holds it until the court orders it released, in whole or in part. A party can ask the court for withdrawal once the dispute over entitlement to the funds is resolved or as the case otherwise warrants.
Can a court force someone to turn over property they admit holding for another party?
Yes. Under Rule 67(b), if a party admits in the pleadings or in an examination that they hold money or property in trust for, or owed to, another party, the court can order it deposited with the court or delivered directly to the party entitled to it.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 67). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
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