67.01 In an Action 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 money or thing.
Rule 67.Deposit in Court
Last amended September 1, 2020 · Last verified July 1, 2026
In one sentenceRule 67 lets a party or a person holding disputed money or property turn it over to the court for safekeeping while the competing claims to it are sorted out.
Full Text of Rule 67
67.02 When No Action is Brought When money or other personal property in the possession of any person, as bailee or otherwise, is claimed adversely by two or more other persons, and the right thereto as between such claimants is in doubt, the person in possession, though no action is commenced against that person by any of the claimants, may place the property in the custody of the court. The person in possession shall apply to the court of the county in which the property is situated, setting forth by petition the facts which bring the case within the provisions of this rule, and the names and places of residence of all known claimants of such property. If satisfied of the truth of such showing, the court, by order, shall accept custody of the money or other property, and direct that, upon delivery and upon giving notice thereof to all persons interested, personally or by certified mail as prescribed in such order, the petitioner is relieved from further liability on account thereof. This rule shall apply to cases where property held under like conditions is garnished in the hands of the possessor; but in such cases the application shall be made to the court in which the garnishment proceedings are pending.
67.03 Court May Order Deposit or Seizure of Property When it is admitted by the pleading or examination of a party that the party has possession or control of any money or other thing capable of delivery which, being the subject of the litigation, is held by that party as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court or delivered to such other party, with or without security, subject to further direction. If such order is disobeyed, the court may punish the disobedience as a contempt, and may also require the sheriff or other proper officer to take the money or property and deposit or deliver it in accordance with the direction given.
67.04 Money Paid into Court Where money is paid into the court pending the result of any legal proceedings, the judge may order it deposited in a bank account maintained by the court administrator.
Advisory Committee Comments
Advisory Committee Comment—2018 Amendments
Rule 67.04 is amended to reflect the abrogation of the statutory bond requirement for court administrators found in the prior version of the rule. See 2006 Minn. Laws, ch. 260, art 5, § 40. Because of that legislative change, the rule is amended to allow deposit in court by order of the court. The court can determine the appropriate terms for that deposit. As a practical matter, an order is necessary to authorize the administrator to accept the funds and to provide for release of the funds upon further order.
Amendment History
- (Amended effective September 1, 2020.)
- (Amended effective July 1, 2018.)
Plain-English Summary
Sometimes the safest place for disputed money or property is with the court itself. Rule 67.01 allows a party in a lawsuit, with the court’s permission and after notifying everyone else involved, to deposit money or other property that is part of what the case is about, so it does not need to be held by one side while the dispute continues.
Rule 67.02 covers a related but different situation: someone holding money or property that two or more other people are claiming, where no lawsuit has even been filed yet. That person can ask the court in the county where the property is located to accept custody of it, after providing the names of the known claimants, and once the court agrees, the person handing over the property is relieved of further responsibility for it. Rule 67.03 gives the court power to order a party to deposit or hand over money or property it admits holding for someone else, and a party who disobeys that order can be held in contempt. Finally, Rule 67.04 allows the judge to have money paid into court placed in a bank account maintained by the court administrator while the case is pending.
Frequently Asked Questions
Can I deposit disputed money with the court before a lawsuit is even filed?
Yes. Rule 67.02 allows a person holding money or property claimed by two or more other people to petition the court to accept custody of it, even if no action has been commenced.
Do I need the court’s permission to deposit money that is part of my lawsuit?
Yes. Rule 67.01 requires notice to every other party and leave of court before a party can deposit money or property with the court.
What happens if a party refuses to hand over property the court ordered deposited?
Rule 67.03 allows the court to punish that refusal as contempt and to direct the sheriff or another officer to take the property and deposit or deliver it as ordered.
Where does money paid into court get held?
Rule 67.04 allows the judge to order it deposited in a bank account maintained by the court administrator while the case is pending.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 67). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: interpleader depositdeposit into court
Advisory Committee Comment-2020 Amendments
Rule 67.02 is amended to remove the requirement that notice by mail be given by registered mail. The archaic specification of mailing by registered mail imposes only additional expense. Use of certified mail provides a record of the actual delivery, which is what is needed for the notice under this rule. The court may, but need not, require that delivery be restricted to the particular person or entity entitled to notice. A party serving notice under the rule may use certified mail with return receipt requested in order to obtain evidence of receipt, and may have the postal service restrict delivery to a particular individual. If service is to be made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, as allowed under Rule 4.04( c )( 1 ), a different form of service may be required.