Arizona

Civil Procedure

Civil Procedure

Rule 67 – Deposit into Court

(a) By Leave of Court. If any part of the relief sought in an action is a money judgment or the disposition of a sum of money or some other deliverable thing, a party-upon providing 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 deliver to the clerk a copy of the order permitting deposit.
(b) By Court Order. The court may order that money or any other deliverable property be deposited with the court if it is the subject of the action, if a party admits to control or possession of the money or property, and if that party holds it as trustee for another party or if it belongs to or is due to another party. The court also may order that the money or property be delivered to the party claiming it on conditions that the court finds just.
(c) Clerk’s Duties. If any money or other property is deposited with the court, the clerk must deposit it in a safe or in a bank, subject to the court’s control. If money is deposited, the court may order the clerk to deposit it with the county treasurer, who must receive and hold it subject to further court order. The clerk must file a statement in the action identifying each item the court received and its disposition.

Ariz. R. Civ. P. 67

Amended effective January 1, 2017.