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Massachusetts Civil Procedure Rule 67: Deposit in Court

[Disclaimer]

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. Money paid into court under this rule shall be deposited and withdrawn in accordance with the provisions of any applicable statute or rule.

Effective July 1, 1974.

Reporters' Notes (1973) While no prior statute or rule of court in Massachusetts authorized deposits in court, some prior statutes and rules of court did deal with the mechanics of comparable procedures. Among these is the familiar "payment into court under the common rule." See Super.Ct. Rule 42. Another is G.L. c. 231, § 40, which authorizes the payment of money into court in an interpleader action. See also G.L. c. 35, § 23; S.J.C. Rule 2:29; Super.Ct. Rule 41. None of these statutes or rules however, has provided for the deposit of a non-monetary object into court as Rule 67 does.