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, 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 Prothonotary. Money paid into court under this rule shall be withdrawn only upon order of the Court. The fund shall be deposited in an interest-bearing account or invested in an interest-bearing instrument approved by the Court.
Rule 67.Deposit in Court
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended November 1, 1984 · Last verified July 28, 2026
In one sentenceRule 67 lets a party, with notice to every other party and leave of Court, deposit money or other deliverable property with the Court when part of the relief sought is a money judgment or the disposition of that sum or thing, with withdrawal allowed only by court order.
Full Text of Rule 67
Amendment History
Amended, effective Nov. 1, 1984.
Plain-English Summary
Rule 67 applies whenever an action seeks, at least in part, a judgment for a sum of money, or the disposition of a sum of money or any other thing capable of delivery. In that setting, a party -- on notice to every other party and with leave of Court -- may deposit with the Court all or part of that sum or thing, whether or not the depositing party claims any part of it.
The mechanics: the party making the deposit serves the order permitting the deposit on the Prothonotary, and money paid into court can only be withdrawn on court order. Rule 67 also requires the fund to sit in an interest-bearing account or be invested in an interest-bearing instrument the Court approves.
Frequently Asked Questions
Can I deposit money with the Superior Court even if I claim part of it myself?
Yes. Rule 67 allows a party to deposit all or part of the sum or thing with the Court whether or not that party claims all or any part of it.
Do I need the other parties' agreement to deposit money under Rule 67?
Rule 67 requires notice to every other party and leave of Court, not the other parties' agreement, before the deposit can be made.
How do I get money back out of a fund deposited under Rule 67?
Rule 67 states that money paid into court can be withdrawn only upon order of the Court.
What happens to money sitting in the Court's custody under Rule 67?
Rule 67 requires the fund to be deposited in an interest-bearing account or invested in an interest-bearing instrument approved by the Court.
What kinds of relief trigger Rule 67's deposit procedure?
Rule 67 applies in an action where any part of the relief sought is a judgment for a sum of money, or the disposition of a sum of money or any other thing capable of delivery.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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