Rule 23. WITHDRAWAL OF FUNDS FROM COURT · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceBefore a judge can order the court clerk to pay out money held in the court’s registry, other than in garnishment cases, the presenting attorney must submit a signed certificate confirming that every party with a filed, unforeclosed claim has consented in writing, and, in condemnation cases, that government taxes and assessments will be paid.
Full Text of Rule 23
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Upon any order being presented to a judge requiring the court clerk to pay out funds from the registry of the court, except in garnishment proceedings, counsel for the parties presenting the order shall at the same time submit to the court the following certificate executed by counsel:
I hereby certify that the order presented in case no. ____ on this the ______ day of ____________, 20__, to draw down funds from the registry of court, is done with written consent of all parties, or their counsel, who have filed claims of record in this case, and whose interest has not previously been foreclosed by judicial decree. In condemnation matters only, I further certify that provision is made in this order for the payment of all local, state and federal government taxes, or assessments of record.
I understand that the truth of the statements contained in this certificate is a condition precedent to the issuance of a valid order to pay the funds from the registry of the court.
Date __________________________________
Signed ________________________________
Attorney for __________________________
Plain-English Summary
Money sitting in the registry of the court, whether from an interpleader, a condemnation award, or another proceeding, does not move without a paper trail. Rule 23 requires the attorney presenting a proposed withdrawal order to file a certificate alongside it, and that certificate is the mechanism that keeps the clerk from disbursing funds over someone’s unresolved objection.
The certificate makes counsel personally attest that every party or lawyer who has filed a claim of record, and whose interest in the funds has not already been cut off by a judicial decree, has consented in writing to the withdrawal. In condemnation cases specifically, the certificate also has to confirm that the order accounts for payment of any local, state, and federal taxes or assessments of record tied to the property. Garnishment proceedings are carved out entirely, since they run on their own statutory payout process.
The certificate is not a formality tacked onto the order — the rule makes truthfulness a condition precedent to a valid withdrawal order, and counsel has to acknowledge that in writing. That puts real weight behind the signature: if the underlying representations turn out to be false, the order’s validity is directly called into question.
Frequently Asked Questions
What must accompany an order to withdraw funds from the court registry?
A certificate executed by counsel, submitted at the same time the order is presented to the judge.
What must the certificate confirm?
That the withdrawal is done with the written consent of all parties or their counsel who have filed claims of record and whose interest has not previously been foreclosed by judicial decree.
Does Rule 23 apply to garnishment proceedings?
No, the rule expressly excepts garnishment proceedings from this certificate requirement.
What additional certification is required in condemnation cases?
That provision is made in the order for payment of all local, state, and federal government taxes or assessments of record.
What is the consequence of a false statement in the certificate?
The rule states that the truth of the certificate’s statements is a condition precedent to the issuance of a valid order to pay funds from the registry of the court.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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