In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing, whether or not that party claims all or any part of the sum or thing. Money paid into the court under this rule shall be deposited as directed by the court in any bank or institution authorized to receive public funds, and shall be withdrawn only upon the check of the clerk of court in favor of the party to whom the order of the court directs.
Rule 67.Deposit in court
Group VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 67 lets a party, with notice to every other party and the court's leave, deposit disputed money or property with the court while the underlying claim to it is resolved.
Full Text of Rule 67
Notes
Note: This Rule 67 is substantially the Federal Rule, modified in the second sentence to conform to State statutes governing deposit of public funds. It expands present practice to permit any party, not simply trustees, to make such deposit with leave of the court.
Note to 1986 Amendment: The phrase at the end of the first sentence was inadvertently deleted in the printing of the original rule.
Plain-English Summary
Some cases turn on who is entitled to a fund or item, not on whether the fund or item should exist. Rule 67 gives a party holding that money or thing a way to step out of the custody dispute: with notice to every other party and leave of court, that party may deposit all or part of the sum or thing with the court, whether or not the depositing party claims any share of it.
The rule also governs what happens to the money once it is deposited. Funds paid into court go into a bank or institution authorized to receive public funds, as the court directs, and come out only on the clerk of court's check, paid to whoever the court's order names.
South Carolina's version departs from the federal rule in one respect: the provision on where deposited funds are held is written to match state statutes governing deposit of public funds, and it opens the option to any party who wants to make such a deposit, not only trustees, once the court grants leave.
Frequently Asked Questions
Who can deposit money or property with the court under Rule 67?
Any party to an action seeking a money judgment, the disposition of a sum of money, or the disposition of some other thing capable of delivery, with notice to every other party and the court's leave — not only a trustee.
Does the depositing party have to give up any claim to the funds?
No. Rule 67 allows a deposit whether or not the party making it claims all or part of the sum or thing being deposited.
Where does money paid into court under Rule 67 get held?
In a bank or institution authorized to receive public funds, as the court directs, consistent with South Carolina statutes governing the deposit of public money.
How is money released from the court's custody?
Only on the check of the clerk of court, issued in favor of the party the court's order names.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: deposit funds with the courtinterpleader deposit South Carolinapaying money into courtRule 67 deposit