Rule 67.Deposit in court
Group VIII: Provisional and Final Remedies · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 67
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The subdivisions are changed from (1) and (2) to (a) and (b) to maintain consistency with the format of the other rules. The rule is also amended to permit a deposit in an interest-bearing account or investment in an interest-bearing instrument consistent with provisions in the federal rule.
Amendment History
Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Some lawsuits turn on who is entitled to a specific sum of money or item of property that one party already holds. Rule 67 gives that holder a way to set the dispute aside from a practical standpoint by depositing the money or thing with the court, with notice to the other parties and the court's permission. It also lets the court order a deposit on its own when a party admits holding money or property as trustee for someone else, or admits it belongs to another party.
Once deposited, the clerk of court holds the money or property unless the court directs otherwise. The court can order deposited funds placed in an interest-bearing account or a court-approved investment, available for withdrawal later by court order, or it can direct that money or property held in trust be delivered to the party entitled to it, subject to whatever conditions the court sets. The rule gives courts flexibility to protect the value of disputed funds while the underlying dispute plays out.
Frequently Asked Questions
When can a party deposit money or property with the court?
When part of the relief sought in the action is a money judgment, or the disposition of a sum of money or other deliverable thing, a party may deposit all or part of that money or thing with the court, after giving notice to the other parties and obtaining the court's permission.
Can the court order a deposit even if a party does not ask for it?
Yes. If a party admits holding money or property as trustee for another, or admits that money or property belongs or is due to another party, the court may order it deposited on motion.
Who holds the money once it is deposited with the court?
Unless the court orders otherwise, the clerk of the court holds the deposited money or property until the court directs its disposition.
Does deposited money earn interest while the case is pending?
The court may order that deposited money be placed in an interest-bearing account or invested in a court-approved, interest-bearing instrument, with withdrawal available later by court order.
Can money held in trust be released to a party before the case ends?
Yes. The court may order that money or property held in trust for a party be delivered to that party on conditions the court considers just, subject to further direction from the court.