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, or, in an action in which trustee process is used, a trustee, may upon notice to every other party, and by leave of court, deposit with the court all or part of such sum or thing whether or not that party claims all or any part of the sum or thing. The party making the deposit shall serve the order permitting deposit on the clerk of the court. Money paid into court under this rule shall be deposited in such depository as the court having custody shall designate (which designation shall be minuted on the docket) and shall be withdrawn therefrom upon order of the clerk, countersigned by any Superior Judge. The fund shall be deposited in an interest-bearing account or invested in an interest-bearing instrument approved by the court.
Rule 67.Deposit in court
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended January 1, 1984 · Last verified July 14, 2026
In one sentenceRule 67 lets a party -- or a trustee holding attached property -- deposit disputed money or property with the court so it stays safe and earns interest while the underlying claim to it gets sorted out.
Full Text of Rule 67
Notes
Reporter’s Notes—1984 Amendment: This rule is amended as part of the series being made to conform to recent amendments to the Federal Rules of Civil Procedure. See Reporter’s Notes—1984 Amendment to Rule 7. The amendments clarify the availability of deposit into the court and the procedure. See Advisory Committee Note—1983 Amendment to F.R.C.P. 67, 97 F.R.D. 226 (1983).
Reporter’s Notes: This rule is substantially identical to Federal Rule 67, but the last sentence is based upon Maine District Court Civil Rule 67, because there is no statutory provision in Vermont for deposit of such funds. There was no exact equivalent of this rule in prior Vermont practice. Former County Court Rule 37, providing for the payment of an admitted portion of plaintiff’s claim into court, was in effect an offer of judgment procedure. See Reporter’s Notes to Rule 68. The principal use of the rule is to permit a stakeholder who disclaims all interest in the action to pay or deliver the money or thing in suit into court. See 3 Barron & Holtzoff, Federal Practice and Procedure § 1461 (Wright ed. 1958). Inclusion of the trustee permits the holder of attached property to relinquish all claim to such property and avoid further proceedings.
Amendment History
Amended Oct. 21, 1983, eff. Jan. 1, 1984.
Plain-English Summary
When part of what a lawsuit seeks is a sum of money, the handover of a sum of money, or delivery of some other thing, Rule 67 gives a party a way to stop holding onto the disputed fund or item. With notice to every other party and leave of court, that party -- or, in a case using trustee process, the trustee -- may deposit all or part of the money or thing with the court. It does not matter whether the depositing party claims any share of what is being deposited; the rule exists precisely so a stakeholder who wants out of the fight over ownership can hand the fund to the court and let the other parties sort out who is entitled to it.
Once a party gets leave to deposit, that party serves the order permitting the deposit on the clerk. The court designates a depository for the money, and that designation goes into the docket. Withdrawal happens only on an order of the clerk countersigned by a Superior Judge, so the funds do not walk out the door on a whim. While the money sits with the court, it does not sit idle: the rule requires it be placed in an interest-bearing account or invested in an interest-bearing instrument the court approves, so the eventual winner recovers something more than the bare principal.
Frequently Asked Questions
Who can deposit money or property with the court under Rule 67?
A party to the action, or, in a case where trustee process is used, the trustee. Either one needs leave of court and must give notice to every other party before making the deposit.
Does the depositing party have to admit they have no claim to the money?
No. Rule 67 applies whether or not the party making the deposit claims all or any part of the sum or thing being deposited.
What happens to the money after it is deposited?
It goes into a depository the court having custody designates, and that designation is noted on the docket. The rule also requires the fund be placed in an interest-bearing account or invested in an interest-bearing instrument the court approves.
How does someone get money back out of the court's custody?
Only on an order of the clerk, countersigned by any Superior Judge. The party permitted to deposit must also serve the order permitting the deposit on the clerk in the first place.
Why would a party want to deposit disputed funds with the court instead of just holding onto them?
The rule's central use is letting a stakeholder who disclaims any interest in the underlying fight pay or deliver the disputed money or thing into court and step out of further proceedings over it. Including the trustee lets the holder of attached property relinquish any claim to that property and avoid continuing litigation over it.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: vermont deposit in court rulerule 67 vermontdepositing disputed funds with court vermontvrcp 67interpleader deposit vermonttrustee process deposit vermont