Rule 67.Deposit in Court
Effective July 1, 1974 · Last verified June 26, 2026
Full Text of Rule 67
Rule History
Effective Date July 1, 1974.
Reporter’s Notes
(1973)
While no prior statute or rule of court in Massachusetts authorized deposits in court, some prior statutes and rules of court did deal with the mechanics of comparable procedures. Among these is the familiar “payment into court under the common rule.” See Super.Ct. Rule 42. Another is G.L. c. 231, § 40, which authorizes the payment of money into court in an interpleader action. See also G.L. c. 35, § 23; S.J.C. Rule 2:29; Super.Ct. Rule 41. None of these statutes or rules however, has provided for the deposit of a non-monetary object into court as Rule 67 does.
Plain-English Summary
Rule 67 provides a way to put disputed property in the court's hands. In an action where part of the relief sought is a money judgment, the disposition of a sum of money, or the disposition of any other thing capable of delivery, a party may—on notice to every other party and by leave of court—deposit all or part of that sum or thing with the court. Money paid in is deposited and withdrawn according to the applicable statute or rule. It is a useful tool, for example, for a stakeholder who concedes it owes a sum but disputes who should receive it.
Frequently Asked Questions
Can a party pay disputed money into court?
Yes. On notice to every other party and by leave of court, a party may deposit with the court all or part of a sum of money or other deliverable thing that is the subject of the action.
When would a party want to deposit money with the court?
A common use is a stakeholder who admits it owes a sum but disputes who is entitled to receive it—depositing the money with the court lets that dispute be resolved without the stakeholder holding the funds in the meantime.