67.01 In an Action. 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.
Rule 67.Deposit in Court
Last amended July 1, 1998 · Last verified July 2, 2026
In one sentenceRule 67 lets a party deposit disputed money or property with the court by leave of court, lets the court order a deposit when a party has admitted holding another’s property, directs how deposited funds are held and disbursed, and makes clear the rule does not affect post-judgment interest.
Full Text of Rule 67
67.02 Court May Order Deposit or Seizure of Property. When it is admitted by the pleading or examination of a party that the party had in his or her possession or control any money or other thing capable of delivery which is the subject of the litigation and which is being held by the party 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 orders of the court, and the court may require the sheriff or other proper officer to take the money or property and deposit it or deliver it in accordance with the orders of the court.
67.03 Money Paid into Court. Where money is paid into court to abide the result of any legal proceeding, the judge may order it deposited in a designated state or national bank or savings and loan institution, to the credit of the court in the action or proceeding in which the money was paid. The money so deposited, with interest if any, shall be disbursed only upon the check of the clerk of the court pursuant to order of the court and in favor of the person to whom the order directs the payment to be made. Upon making a deposit in court a party shall not be liable for further interest on the sum deposited.
67.04 Post-Judgment Interest. This rule is inapplicable to post-judgment interest.
Advisory Commission Comments
Advisory Commission Comments [2012].
The 1998 Comment is clarified, and an erroneous cross-reference in that Comment to "Tenn. Code Ann. § 47-14- 222" is corrected to "Tenn. Code Ann. § 47-14-121."
Amendment History
- As amended by order effective July 1, 1998.
Plain-English Summary
Rule 67.01 lets a party in a case seeking a money judgment, or the disposition of money or other deliverable property, deposit all or part of the disputed sum or thing with the court, on notice to every other party and with the court’s permission. This voluntary deposit shows up most often in interpleader cases, where a stakeholder wants to rid itself of a disputed fund and step out of the middle of a fight between rival claimants, but the depositing party does not have to disclaim every interest in what it deposits to use the rule.
Rule 67.02 covers a different situation: when a party’s own pleadings or testimony admit that it holds money or property belonging to, or held in trust for, someone else, the court can order that money or property deposited with the court or delivered to the rightful party, with or without security, and can direct the sheriff or another officer to carry that order out. Because this involuntary route bypasses the more demanding showing that statutes governing attachment or sequestration would otherwise require, courts have pushed back when a party tries to use it without an admission of holding someone else’s property — ordering a deposit based on a bare allegation of ownership, rather than an actual admission, has been reversed on appeal.
Rule 67.03 directs that money paid into court be deposited in a designated bank or savings institution to the court’s credit, disbursed only by the clerk’s check under court order, and it relieves a depositing party of further interest liability on the deposited sum once the deposit is made. Rule 67.04 makes clear the rule has no bearing on post-judgment interest — a defendant cannot stop post-judgment interest from accruing by depositing the judgment amount into the court registry, particularly where the deposit skips the notice and leave-of-court steps Rule 67.01 requires. Because Tennessee’s post-judgment interest rate is fixed by statute rather than tied to a deposit account’s actual return, and because nothing in the rule requires deposited funds to be placed somewhere interest-bearing, a technically compliant deposit can still leave a prevailing party short of what the interest statute is meant to provide.
Frequently Asked Questions
Can a party deposit disputed funds with the court on its own?
Not unilaterally. Rule 67.01 requires notice to every other party and the court’s leave before a party may deposit money or property that is the subject of the action.
Can a court order a party to deposit property it admits belongs to someone else?
Yes. Rule 67.02 lets the court order deposit or delivery of money or property a party has admitted, through its pleadings or testimony, that it holds for another party, though courts have reversed orders based on a bare allegation rather than an actual admission.
Does depositing a judgment amount into the court stop post-judgment interest from running?
Not necessarily. Rule 67.04 makes clear the rule does not affect post-judgment interest, and a deposit that skips the notice and leave-of-court requirements of Rule 67.01 will not stop interest from accruing.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 67). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: deposit in courtinterpleader depositpost-judgment interest deposit
Advisory Commission Comments [1998].
The losing defendant cannot avoid post-judgment interest due under Tenn. Code Ann. § 47-14-121 by depositing the verdict amount into the trial court clerk's office.