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Rule 67.Deposit in court

Group 8: Provisional and Final Remedies · Last amended September 1, 1985 · Last verified July 13, 2026

In one sentenceRule 67 lets a party facing a claim for money or property deposit the disputed sum or thing with the court, with notice to every other party and leave of court, without conceding any entitlement to it, subject to the deposit and withdrawal procedures set out by statute.

Full Text of Rule 67

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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. 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 Money paid into court under this rule shall be deposited and withdrawn in accordance with the provisions of RCW 4.44.480 through 4.44.500 or any like statute or rule.

Amendment History

Adopted May 5, 1967, effective July 1, 1967; amended, adopted June 5, 1985, effective Sept. 1, 1985.

Plain-English Summary

Sometimes the fight in a lawsuit isn't over whether money or property should end up in the court's hands — it's over who eventually gets it. Rule 67 gives a party a way to set that sum or thing aside with the court while the underlying dispute plays out, rather than holding onto it or letting it sit exposed to risk.

The rule applies in an action where part of the relief sought is a judgment for money, the disposition of money, or the disposition of some other thing capable of delivery. Any party — not only the one holding the disputed sum — may deposit it with the court, but only after giving notice to every other party and getting leave of court first. Depositing the money or property doesn't require the depositing party to admit it belongs to someone else; the rule expressly allows the deposit whether or not that party claims all or part of the sum or thing itself.

Once the court permits the deposit, the party making it serves the order permitting deposit on the clerk of the court. From there, how the money gets invested, held, and eventually paid out is governed by RCW 4.44.480 through 4.44.500, or any comparable statute or rule — Rule 67 itself doesn't dictate those mechanics.

Frequently Asked Questions

Can I deposit disputed money with the court on my own, without asking?

No. Rule 67 requires notice to every other party and leave of court before the deposit can be made.

Does depositing money under Rule 67 mean I'm admitting I owe it?

No. The rule allows the deposit whether or not the depositing party claims all or any part of the sum or thing being deposited.

What governs how the deposited funds are handled afterward?

RCW 4.44.480 through 4.44.500, or any like statute or rule, govern how money paid into court under Rule 67 is deposited and withdrawn.

Who has to serve the order permitting the deposit?

The party making the deposit serves the order permitting deposit on the clerk of the court.

Is Rule 67 the same thing as interpleader?

They're related but distinct. Interpleader under Rule 22 lets a stakeholder bring competing claimants into a single action. Rule 67 addresses the separate, later step of paying disputed money or property into the court's custody once a case is already pending.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source
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