Colorado

Civil Procedure

Civil Procedure

Rule 67 – Deposit in Court

(a) By Party. 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, to be held by the clerk of the court subject to withdrawal in whole or in part at any time thereafter upon order of the court.
(b) By Trustee. When it is admitted by the pleadings or examination of a party that he has in his possession or under his control any money or other things capable of delivery which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, upon motion, the court may order the same to be deposited in court or delivered to such party, upon such conditions as may be just, subject to the further direction of the court.

C.R.C.P. 67

Annotation The Colorado Governmental Immunity Act specifies the amount of plaintiff’s maximum recovery from public entities or public employees, and this rule establishes the procedure by which defendant may deposit an undisputed sum into the court registry. Rudnick v. Ferguson, 179 P.3d 26 (Colo. App. 2007). Trial court did not err in permitting defendants to tender $150,000 into the court registry and in dismissing the case as moot without requiring defendants to confess judgment, admit their liability, or enter into a settlement with the plaintiffs. Rudnick v. Ferguson, 179 P.3d 26 (Colo. App. 2007).