N.D.R.Civ.P.
RULE 67. DEPOSIT IN
INTO COURT
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 that sum or thing, whether or not that party claims all or any part of the sum
or thing. The party making the deposit shall file with the clerk the order permitting the
deposit. Money paid into court under this rule must be deposited and withdrawn in
accordance with the provisions of Chapter 32-11, North Dakota Century Code. Pending
disposition of the money, the court in its order may direct the clerk to deposit the money in
an insured interest-bearing account or to invest the money in an insured interest-bearing
instrument.
(a) Depositing Property. If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing, a party, on notice to every other party and by leave of court, may deposit with the court all or part of the money or thing, whether or not that party claims any of it. The depositing party must file with the clerk a copy of the order permitting deposit.
(b) Investing and Withdrawing Funds. Money paid into court under this rule must be deposited and withdrawn in accordance with the provisions of North Dakota Century Code Chapter 32-11. The court may direct the clerk to deposit the money in an insured interest-bearing account or to invest the money in an insured interest-bearing instrument.
EXPLANATORY NOTE
Rule 67 was amended, effective March 1, 2011.
Rule 67, as amended, effective January 1, 1988, is similar
to FRCivP 67, as amended in
1983, except reference to North Dakota statutes has been substituted for reference to federal
statutes is derived from Fed.R.Civ.P. 67.
Rule 67 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee
Minutes of January 28-29, 2010, pages 15-16; January
23, 1986, pages 2, 6; January 17-18, 1980, page 6; Rule
Fed.R.Civ.P. 67, FRCivP.
Cross Reference:
Rule N.D.R.Civ.P. 68 (Offer or Confession of Judgment.
Tender),
N.D.R.Civ.P.; Rule N.D.R.Ct. 7.1 (Judgments,
Orders and Decrees), N.D.R.Ct.