Rule 67.Deposit in Court

Rule 67 gives a party a way to set aside disputed property while litigation continues. In any action where part of the relief sought is a money judgment or the disposition of some other thing capable of delivery, a party may, upon notice to every other party and with leave of court, deposit all or part of that sum or thing with the court. Depositing the money or property doesn't resolve who ultimately gets it — that question stays with the court — but it takes the disputed asset out of the depositing party's hands while the case proceeds.

When money is paid in to abide the outcome of a proceeding, the rule doesn't let it sit idle. The judge may order it deposited at interest in a federally insured bank or savings and loan association authorized to receive public funds, credited to the court in that action. That keeps the fund earning interest rather than losing value while the parties litigate who is entitled to it.

Getting the money back out requires a specific mechanism. The deposited funds, plus any interest earned, can be paid only on the clerk's check, attached to the court's certified order directing payment, and only in favor of the person the order names. That paper trail protects the fund from being released to the wrong party or without judicial authorization.