When it is admitted by the pleadings, or shown upon the examination of a party, that he has in his possession or under his control any money or other thing capable of delivery, which, being the subject of 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, upon motion, to be deposited in court or delivered to such party upon such conditions as may be just, subject to the further direction of the court; provided that if money is paid into court under this rule it shall be deposited and withdrawn in accordance with Utah Code Section 78B-5-804 or any like statute.
Rule 67.Deposit in court
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended November 1, 2008 · Last verified July 13, 2026
In one sentenceRule 67 lets a Utah court order a party holding disputed money or property belonging to someone else to deposit it with the court instead of holding onto it during the lawsuit.
Full Text of Rule 67
Amendment History
Amended effective November 1, 2008.
Plain-English Summary
Some lawsuits involve a party who is stuck holding money or property that isn't theirs — they're just a stakeholder, holding it as trustee for someone else, or because it's owed to another party and happens to be the subject of the litigation. Rule 67 gives the court a tool for that situation. Once the pleadings admit the fact, or the point comes out during examination of a party, the court can order the money or property deposited with the court or delivered to the party entitled to it, on whatever conditions are just, subject to further court order. The rule keeps the property (or its cash equivalent) safely out of the stakeholder's hands while the underlying dispute over entitlement gets resolved.
If the deposit is money, it doesn't just sit informally with the clerk — Rule 67 ties deposit and withdrawal to Utah Code Section 78B-5-804 (or a similar statute), which supplies the formal mechanics for handling funds paid into court. That keeps the deposited money accountable and traceable until the court decides who gets it.
Frequently Asked Questions
When does Rule 67 apply?
When it's admitted in the pleadings, or shown during examination of a party, that the party holds money or other deliverable property as trustee for another party, or that belongs or is due to another party, and that property is the subject of the litigation.
Who asks the court to order a deposit under Rule 67?
Either party can bring a motion asking the court to order the money or property deposited with the court or delivered to the party entitled to it, on conditions the court finds just.
What happens to money once it's deposited with the court under Rule 67?
It is deposited and withdrawn under Utah Code Section 78B-5-804 or a similar statute, which governs how funds paid into court are handled and later disbursed.
Does Rule 67 replace an interpleader claim?
No. Rule 67 is a narrower tool for getting disputed property out of a stakeholder's hands once the pleadings or testimony establish the facts — it operates within a pending case rather than initiating a separate interpleader-style proceeding.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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