(a) Depositing 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 file with the clerk a copy of the order permitting deposit.
Rule 67.Deposit Into Court
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 67 lets a party deposit disputed money or property with the court, on notice to every other party and with the court's leave, and requires deposited funds to be invested or withdrawn under the state statute governing money paid into court.
Full Text of Rule 67
(b) Investing and withdrawing funds. Money paid into court under this rule must be deposited and withdrawn in accordance with the provisions of North Dakota Century Code Chapter 32-11. The court may direct the clerk to deposit the money in an insured interest-bearing account or to invest the money in an insured interest-bearing instrument.
Explanatory Note
Rule 67 was amended, effective March 1, 2011. Rule 67 is derived from Fed.R.Civ.P. 67. Rule 67 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal
Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Rule 67(a) applies whenever part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing. A party — whether or not it claims any part of what's at stake — may deposit all or part of that money or thing with the court, but only on notice to every other party and with the court's leave. The depositing party then has to file a copy of the order permitting the deposit with the clerk, so the deposit is documented on the record rather than handled informally.
Rule 67(b) governs what happens to the money afterward: it must be deposited and withdrawn according to North Dakota Century Code chapter 32-11, and the court may direct the clerk to place it in an insured interest-bearing account or invest it in an insured interest-bearing instrument. That keeps disputed funds safe and earning interest while the parties litigate over who's entitled to them.
Depositing money into court doesn't resolve who owns it — Rule 67 is a housekeeping tool for holding disputed funds securely, whether the case involves an interpleader dispute over competing claims to the same money or a party that wants to stop interest or exposure from running on funds it isn't contesting.
Frequently Asked Questions
When can a party deposit disputed money or property with the court under Rule 67?
Rule 67(a) allows it whenever part of the relief sought is a money judgment or the disposition of a sum of money or other deliverable thing, so long as the depositing party gives notice to every other party and gets the court's leave first.
Do I need the other parties' agreement before depositing money with the court?
You don't need their agreement, but Rule 67(a) requires notice to every other party and the court's leave before you can make the deposit.
Does depositing money with the court mean I'm giving up my claim to it?
No. Rule 67(a) expressly allows a party to deposit money or property whether or not that party claims any of it, so the deposit itself doesn't decide who's entitled to the funds.
What happens to money once it's deposited with the court?
Rule 67(b) requires it to be deposited and withdrawn under North Dakota Century Code chapter 32-11, and lets the court direct the clerk to place it in an insured interest-bearing account or invest it in an insured interest-bearing instrument.
Can I just hand money over to the clerk without a court order?
No. Rule 67(a) requires leave of court before depositing the money or property, and the depositing party must file a copy of the order permitting the deposit with the clerk.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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