RULE 67. DEPOSIT INTO COURT

Effective Date: 3/1/2011

(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 Money paid into court under this rule must be deposited and withdrawn in accordance with the provisions of North Dakota Century Code Chapter 32-11.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.

Rule 67 was amended, effective March 1, 2011.

Rule 67is 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; Fed.R.Civ.P. 67.

CROSS REFERENCE: N.D.R.Civ.P. 68 (Offer or Confession of Judgment. Tender); N.D.R.Ct. 7.1 (Judgments, Orders and Decrees).

Effective Date Obsolete Date
03/01/2011 View
01/01/1988 03/01/2011 View