Rule 67.Deposit into court
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 67
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Some lawsuits turn on money or property that no one particularly wants to hold onto while the case plays out. Rule 67 gives a party a way to hand that money or thing over to the court instead of keeping it during litigation. With the court's permission and notice to every other party, the depositing party delivers the funds or property to the clerk, along with a copy of the order that authorized the deposit.
Once the clerk has the money, it does not sit idle. The clerk must place deposited funds in an interest-bearing account or a court-approved interest-bearing instrument, and the court can release the money, in whole or in part, either by its own order or by written agreement of the parties. Before any payout, the party asking for the funds must give the clerk the information needed to disburse them correctly, in a form that follows the court's rules on redacting personal information from public records.
Frequently Asked Questions
Do I need the court's permission before depositing money with the clerk?
Yes. Rule 67 requires notice to every other party and leave of court before a deposit can be made, and the depositing party must give the clerk a copy of the order that allowed it.
Does money deposited with the court earn interest?
Yes. The clerk must hold deposited funds in an interest-bearing account or invest them in a court-approved, interest-bearing instrument rather than letting the money sit uninvested.
How does a party get deposited funds back out?
Withdrawal, in whole or in part, happens at any time by order of the court or by written stipulation of the parties.
What has to happen before the clerk can pay the money out?
The party seeking disbursement must first give the clerk all the information needed to make a proper payment, in a form that complies with the court's rules on redacting sensitive information from records.
Does depositing money with the court mean I am giving up my claim to it?
No. The rule allows a party to deposit money or property whether or not that party claims any share of it, so making the deposit does not by itself decide who is entitled to the funds.