RULE 67. DEPOSIT IN COURT
Effective Date: 1/1/1988
Obsolete Date: 3/1/2011
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 Money paid into court under this rule must be deposited and withdrawn in accordance with the provisions of Chapter 32-11, North Dakota Century Code.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.
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).