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Rule 67 – Deposit in Court

May 14, 2021 | Civil Procedure, Nevada

(a)Depositing Property.

(1) In an action in which any part of the relief sought is a money judgment, the disposition of a sum of money, or the disposition of any other deliverable thing, a party, upon notice to every other party and by leave of court, may deposit with the court all or any part of the money or thing.
(2) When a party admits having possession or control of any money or other deliverable thing, which, being the subject of litigation, is held by the party as trustee for another party, or which belongs or is due to another party, on motion, the court may order all or any part of the money or thing to be deposited with the court.
(b)Custodian; Investment of Funds.

(1) Unless ordered otherwise, the deposited money or thing must be held by the clerk of the court.
(2) The court may order that:

(A) money deposited with the court be deposited in an interest-bearing account or invested in a court-approved, interest-bearing instrument, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court; or
(B) money or a thing held in trust for a party be delivered to that party, upon such conditions as may be just, subject to the further direction of the court.

Nev. R. Civ. P. 67

Last amended effective January 1, 2005; amended effective March 1, 2019.

Drafter’s Note

2004 Amendment

The subdivisions are changed from (1) and (2) to (a) and (b) to maintain consistency with the format of the other rules. The rule is also amended to permit a deposit in an interest-bearing account or investment in an interest-bearing instrument consistent with provisions in the federal rule.

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