(a) Depositing money or property. If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing, a party, on notice to every other party and by leave of court, may deposit with the court all or part of the money or thing, whether or not that party claims any of it. The depositing party must deliver to the clerk a copy of the order permitting deposit.
Rule 67.Deposit into court
Title IX: Provisional and Final Remedies · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 67 lets a party deposit disputed money or property with the court, or ask the court to order someone else holding it to do the same, with withdrawals controlled by court order or statute.
Full Text of Rule 67
(b) Motion for deposit. When a party has possession or control of money or another thing capable of delivery that is the subject of the litigation, and which (1) is held as trustee for another party or (2) belongs or is due to another party, the court may, on motion, order that it be deposited in court or delivered to the other party on such conditions as are just.
(c) Depositing and withdrawing. Money or any other thing deposited into court under this rule may only be deposited and withdrawn as directed by the court or as provided by the statutes of this state.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Litigation sometimes involves a specific sum of money or item that everyone agrees should sit somewhere neutral while the underlying dispute gets sorted out. Rule 67(a) lets a party who is holding money or property that is part of the relief sought deposit it with the court, after giving notice to the other parties and getting the court's permission, whether or not that party claims any share of it. A copy of the order allowing the deposit goes to the clerk along with the deposit itself.
Rule 67(b) covers the flip side: when one party controls money or property that belongs to, is due to, or is held in trust for another party, the court can order it deposited with the court or handed over on fair conditions, even without the holder volunteering to do so. Once money or property is deposited under this rule, Rule 67(c) makes clear it can only come back out through a court order or as an Idaho statute allows, keeping control of the funds with the court rather than the parties.
Frequently Asked Questions
Can I deposit disputed funds with the court on my own?
Yes, under Rule 67(a), as long as you give notice to every other party and obtain the court's permission first, and you deliver a copy of the order allowing the deposit to the clerk.
Can a court force someone else to deposit money they are holding?
Yes. Under Rule 67(b), if a party controls money or property that is held in trust for, or belongs to, another party, the court may order it deposited in court or delivered on just conditions.
Does depositing money with the court mean I give up my claim to it?
No. Rule 67(a) allows a deposit whether or not the depositing party claims any part of the money or property.
How do you get money back out of the court's registry?
Rule 67(c) says deposited money or property can only be withdrawn as the court directs or as Idaho statutes provide.
Is a deposit under Rule 67 the same as posting a bond?
No. Rule 67 deals with depositing the actual disputed money or property with the court, while bonds and sureties are addressed separately in Rule 66.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: deposit money with courtinterpleader depositcourt registry depositdepositing disputed funds