If application is made for the withdrawal of moneys deposited in court where the court has not adjudicated the amount due the applicant, the proceeding shall be by affidavit entitled in the action. Notice of the application shall be given to all parties in interest, including the person who paid the funds into the court and except deposits for costs, deposits in interpleader actions, or deposits in a matter to abide the final or other judgment therein, and except as otherwise provided by R. 4:64-3 (surplus moneys in foreclosure actions), to the Director of the Division of Taxation, Department of the Treasury. Withdrawal shall be made only by order of the court in accordance with R. 4:57-2.
Rule 4:57-5.Notice of withdrawals; order
Last amended September 14, 1981 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:57-5 requires an application to withdraw court-deposited money, where the court hasn't already decided the amount due, to be made by affidavit with notice to every interested party -- including, in most cases, the Division of Taxation -- with withdrawal allowed only by court order.
Full Text of Rule 4:57-5
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:72-6; amended January 16, 1975 to be effective April 1, 1975; amended July 16, 1981 to be effective September 14, 1981.
Plain-English Summary
Getting money out of the court's hands isn't automatic once it's been deposited. If the court hasn't already adjudicated the amount due the applicant, the withdrawal request goes in by affidavit, filed under the action's own caption, with notice going to every interested party, including whoever originally paid the funds in.
Most withdrawal applications also require notice to the Division of Taxation, with narrow exceptions for costs deposits, interpleader deposits, deposits held to abide the final judgment, and foreclosure surplus funds handled under Rule 4:64-3. Either way, the money only comes out on a court order, issued the way Rule 4:57-2 requires.
Frequently Asked Questions
How does a party apply to withdraw money deposited in court?
By affidavit filed under the action's caption, with notice given to every interested party, including whoever originally deposited the funds.
Must the Division of Taxation be notified of a withdrawal application?
Generally yes, except for deposits for costs, interpleader deposits, deposits held to abide the final judgment, or foreclosure surplus funds governed by Rule 4:64-3.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:57-5). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: withdrawing deposited fundsnotice to division of taxation