Rule 3212.Evidence as to value.
Adopted August 30, 1965 · Last amended August 30, 1965 · Last verified June 30, 2026
Full Text of Rule 3212
Plain-English Summary
This rule fixes the evidentiary weight of the sheriff’s valuation. The value stated in the sheriff’s determination of ownership is prima facie evidence of the property’s worth, so it controls unless contradicted. But the parties are not stuck with it: at a hearing on the bond or at the interpleader trial, they may put on other evidence of value.
Making the sheriff’s figure a rebuttable starting point gives the proceeding a workable default while preserving each side’s right to prove the property is worth more or less — which matters because the bonds and any damages turn on value.
Frequently Asked Questions
Is the sheriff's valuation binding?
No. It is prima facie evidence of value, which the parties may rebut with other evidence.
Can a party dispute the property's value?
Yes, at a hearing on the bond or at trial.
Official Note
Official Note: Adopted August 30, 1965, effective March 1, 1966.