Rule 50.Deposit in Court

Rule 50 gives a defendant a way to concede part of a claim without conceding all of it. In a proper case, the defendant can pay into court the sum it admits is due, while still contesting the balance through the general issue. If the plaintiff refuses that payment along with costs as full satisfaction of the claim, the conceded sum is struck from the complaint. If the plaintiff then fails to prove that a larger sum is owed, the plaintiff recovers no costs at all, and the defendant instead recovers costs running from the date of the payment forward.

Rule 50(b) applies the same mechanism where a set-off, counterclaim, or recoupment is in play. There, the balance the defendant concedes owing the plaintiff is paid into court along with the plaintiff's costs up to that point, and if the defendant ultimately prevails, the defendant recovers only the costs incurred after that payment. In both versions of the rule, the practical effect is to reward accurate assessment of a claim's true value and to penalize a party who insists on litigating over an amount the other side was willing to pay all along.