(a) Depositing property. Except as otherwise provided in Rule 68(b), 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.
Rule 67.Deposit in court
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 67 lets a party, with leave of court and notice to the others, deposit disputed money or property with the court when part of the relief sought is a money judgment or the disposition of property, and requires deposited funds to go into an interest-bearing account or instrument the court approves.
Full Text of Rule 67
(b) Investing and withdrawing funds. Money paid into court under this rule shall be deposited and withdrawn in accordance with applicable statutes and with orders of the court entered in the action. The fund shall be deposited in a federally insured interest- bearing account or invested in an interest-bearing instrument approved by the court.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
When a case involves a fund of money or other property that needs safekeeping while the litigation plays out, Rule 67 gives a party a way to hand it over to neutral custody. With notice to every other party and the court's leave, a party can deposit all or part of a disputed sum — or another thing capable of delivery — with the court, whether or not that party claims any share of it, and has to serve the deposit order on the clerk.
Money that gets deposited doesn't just sit idle. It has to go into a federally insured interest-bearing account or an interest-bearing instrument the court approves, and it's deposited and withdrawn according to the applicable statutes and the court's own orders in the case — keeping the fund earning interest for whoever eventually receives it, rather than losing value while the case is pending.
Frequently Asked Questions
Do I need the court's permission to deposit disputed funds with the court?
Yes. Rule 67 requires leave of court and notice to every other party before making the deposit.
Does deposited money just sit in the court's account without earning anything?
No. Rule 67(b) requires it to be deposited in a federally insured interest-bearing account or invested in a court-approved interest-bearing instrument.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 67). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: deposit in courtinterpleader fund deposit