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. Money paid into the court under this rule shall be deposited as directed by the court in any bank or institution authorized to receive public funds, and shall be withdrawn only upon the check of the clerk of court in favor of the party to whom the order of the court directs.
This Rule 67 is substantially the Federal Rule, modified in the second sentence to conform to State statutes governing deposit of public funds. It expands present practice to permit any party, not simply trustees, to make such deposit with leave of the court.Note to 1986 Amendment:
The phrase at the end of the first sentence was inadvertently deleted in the printing of the original rule.