Rule 67.Deposit in Court
Part VIII. Provisional and Final Remedies and Special Procedures · Last verified September 4, 2026
Full Text of Rule 67
Plain-English Summary
Rule 67 is a single paragraph, identical to its civil counterpart, and it covers the situation where a party wants to put the disputed thing beyond argument while the case proceeds.
When it is available
The action must be one in which any part of the relief sought is a judgment for a sum of money, the disposition of a sum of money, or the disposition of any other thing capable of delivery. "Any part" is doing work — the deposit route is open even where money is only one element of the relief.
What it takes
Two conditions, and both are required. The party must give notice to every other party, and must have leave of court. A deposit is not something a party makes unilaterally.
What may be deposited is all or any part of the sum or thing, so a partial deposit is contemplated.
What happens to it
Money paid into court under the rule is deposited and withdrawn in accordance with the provisions of any applicable statute or rule. Rule 67 governs getting the money in; it does not itself govern what the court does with it or how it comes out. Those provisions are not carried on this site.
Frequently Asked Questions
Can I pay money into court while the case is pending?
Rule 67 allows it 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 of any other thing capable of delivery — upon notice to every other party, and by leave of court.
Do I need permission?
Yes. The rule requires both notice to every other party and leave of court.
Can I deposit only part of the amount?
Rule 67 allows a party to deposit all or any part of the sum or thing.
How is the money released?
Rule 67 provides that money paid into court under the rule shall be deposited and withdrawn in accordance with the provisions of any applicable statute or rule.