(a) When permitted. 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. Money paid into court under § 15-6-67 shall be deposited and withdrawn as ordered by the court.
Rule 67.Deposit in Court
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended 1979 · Last verified July 16, 2026
In one sentenceRule 15-6-67 lets a party deposit disputed money or property with the court, lets a defendant facing competing claims to the same debt or property be substituted out by depositing it, gives a bailee a way to interplead disputed property, and credits any voluntary post-judgment payment against the judgment.
Full Text of Rule 15-6-67
(b) Deposit in court by substitution. A defendant against whom an action is pending upon a contract or for specific real or personal property may at any time before answer upon affidavit that a person not a party to the action, and without collusion with him, makes against him a demand for the same debt or property, upon due notice to such person and the adverse party, apply to the court for an order to substitute such person in his place and discharge him from liability to either party on his depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct; and the court may in its discretion make the order.
(c) Bailee’s deposit of property. Whenever any person has in his possession or control as bailee or otherwise, any personal property to which two or more persons make adverse claims, or he has notice of such claims and is unable to determine or is in doubt as to the rightful owner or who is rightfully entitled to the possession thereof, he may apply to the circuit judge of the circuit wherein such property is situated, upon an affidavit describing the property, stating its value and the nature of the controversy concerning the same, for an order designating a depository, and such judge shall thereupon designate some suitable depository to receive and care for such property, subject to the orders of the circuit court within the county wherein the property is situated; and the person having any such property in his possession or control having deposited the same with such depository, shall forthwith notify personally or by registered or certified mail, all persons of whom he has knowledge or notice who have or claim to have any interest in or lien upon such property or any part thereof, of such deposit; and upon giving such notice such person shall be released and discharged from further liability to any person on account of such property; provided that he may be required, upon the application of any person interested therein, to appear and make disclosures before the court in which any action affecting such property may be pending, or the judge who designates such depository, concerning said property. If the address of any person having or making any claim cannot be ascertained, an affidavit to that effect shall be filed with the depository and the giving of notice to such person shall not be required.
(d) Court order for deposit or seizure of property. When it is admitted by the pleading or examination of a party that he has in his possession or control any money or other thing capable of delivery which, being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court or delivered to such other party, with or without security, subject to further direction. If such order be disobeyed, the court may punish the disobedience as a contempt, and may also require the sheriff or other proper officer to take the money or property and deposit or deliver it in accordance with the direction given.
(e) Voluntary partial payment as credit against judgment. After entry of judgment any voluntary partial payment of a claim shall be treated as a credit against the judgment, and shall be deductible from the amount of the judgment.
Plain-English Summary
Rule 15-6-67(a) gives a party a plain way to set disputed money or property aside while a case is pending. When part of the relief sought is a judgment for a sum of money, or the disposition of money or of anything else capable of delivery, a party can, on notice to every other party and with the court’s leave, deposit all or part of it with the court, to be paid in and out as the court directs.
The rule also has two tools for someone caught between rival claimants. Under Rule 15-6-67(b), a defendant sued on a contract or for specific property can, before answering, point by affidavit to a non-party who is making a competing demand for the same debt or property, and, on notice to that person and the adverse party, ask the court to substitute that person in as the defendant and discharge the original defendant — once the debt or property is deposited or delivered as the court directs. Under Rule 15-6-67(c), someone who is not even a party but holds property as a bailee, and faces or has notice of adverse claims to it, can apply to the circuit judge for an order naming a depository, deposit the property there, and then notify everyone with a known claim to it; once that notice goes out, the person who deposited the property is released from further liability on it, though the court can still require that person to appear and explain the circumstances.
The court has its own power to force a deposit, too. Under Rule 15-6-67(d), if a party’s own pleading or testimony admits holding money or property as trustee for someone else, or that it belongs or is due to another party, the court can order it deposited with the court or delivered to that other party, with or without security. Disobeying that order is punishable as contempt, and the court can direct the sheriff or another officer to seize the money or property and carry out the order.
Rule 15-6-67(e) closes with a plain accounting rule: after a judgment has been entered, any voluntary partial payment of the claim is treated as a credit against that judgment, deductible from the amount still owed.
Frequently Asked Questions
Can a party deposit disputed money with a South Dakota court while the case is pending?
Yes. Rule 15-6-67(a) lets a party deposit all or part of a disputed sum of money, or anything else capable of delivery, with the court, on notice to every other party and with the court’s leave.
What can a South Dakota defendant do if two different people are both claiming the same debt from them?
Rule 15-6-67(b) lets that defendant apply, before answering, for an order substituting the competing claimant in as the defendant and discharging the original defendant, once the debt or property is deposited or delivered as the court directs.
What can someone holding disputed property as a bailee do if they are not sure who the rightful owner is?
Rule 15-6-67(c) lets that person apply to the circuit judge for an order naming a depository, deposit the property there, and notify known claimants, which then releases the person from further liability on the property.
Can a South Dakota court order someone to deposit money with the court even if they are not asking to?
Yes. Rule 15-6-67(d) lets the court order deposit or delivery when a party’s own pleading or testimony admits holding money or property as trustee for, or owed to, another party, and disobeying that order is punishable as contempt.
If I pay part of a South Dakota judgment voluntarily after it is entered, does that reduce what I still owe?
Yes. Rule 15-6-67(e) treats any voluntary partial payment made after entry of judgment as a credit against the judgment, deductible from the amount owed.
Amendment History
(a)SD RCP, Rule 67 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(b)SDC 1939 & Supp 1960, § 33.0415; SD RCP, Rule 67 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(c)SDC 1939 & Supp 1960, § 33.0415; SD RCP, Rule 67 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(d)SDC 1939 & Supp 1960, §§ 37.5201, 37.5203; SD RCP, Rule 67 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(e)SL 1966, ch 141; SDCL, § 19-2-10; SL 1979, ch 154, § 4.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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