NOTES TO RULE 67
HISTORY: (Amended Oct. 20, 1949; Aug. 1, 1983)
Notes of Advisory Committee on Rules.
This rule provides for deposit in court generally, continuing similar special provisions contained in such statutes as USC, Title 28, formerly § 41(26) (now §§ 1335, 1397, 2361) (Original jurisdiction of bills of interpleader, and of bills in the nature of interpleader). See generally Howard v United States, 184 US 676, 22 S Ct 543, 46 L Ed 754 (1902); United States Supreme Court Admiralty Rules (1920), Rules 37 (Bringing Funds into Court), 41 (Funds in Court Registry), and 42 (Claims Against Proceeds in Registry). With the first sentence, compare English Rules Under the Judicature Act (The Annual Practice, 1937) O. 22, r. 1(1).
Notes of Advisory Committee on 1949 Amendments to Rules.
The amendment effective October 1949 substituted the reference to "Title 28, USCA §§ 2041, and 2042" for the reference to "Sections 995 and 996, Revised Statutes, as amended, USCA, Title 28, §§ 851, 852." The amendment also added the words "as amended" following the citation of the Act of June 26, 1934, ch 756, § 23, and in the parenthetical citation immediately following, added the reference to "58 Stat 845."
Notes of Advisory Committee on 1983 Amendments to Rules.
Rule 67 has been amended in three ways. The first change is the addition of the clause in the first sentence. Some courts have construed the present rule to permit deposit only when the party making it claims no interest in the fund or thing deposited. E.g., Blasin-Stern v. Beech-Nut Life Savers Corp., 429 F.Supp. 533 (D. Puerto Rico 1975); Dinkins v. General Aniline & Film Corp., 214 F.Supp. 281 (S.D.N.Y. 1963). However, there are situations in which a litigant may wish to be relieved of responsibility for a sum or thing, but continue to claim an interest in all or part of it. In these cases the deposit-in-court procedure should be available; in addition to the advantages to the party making the deposit, the procedure gives other litigants assurance that any judgment will be collectable. The amendment is intended to accomplish that.
The second change is the addition of a requirement that the order of deposit be served on the clerk of the court in which the sum or thing is to be deposited. This is simply to assure that the clerk knows what is being deposited and what his responsibilities are with respect to the deposit. The latter point is particularly important since the rule as amended contemplates that deposits will be placed in interest-bearing accounts; the clerk must know what treatment has been ordered for the particular deposit.
The third change is to require that any money be deposited in an interest-bearing account or instrument approved by the court.