A court may, on proper application, permit a party in the possession of money (or other valuable item capable of delivery) to deposit the money in court for various reasons including:
" to relieve the depositor of the responsibility of the funds;
" to avoid placing one party at a severe advantage during the period of litigation; and
" to preserve the funds in controversy to ensure that the prevailing party may receive the money it is awarded.
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When money or other personal property in the possession of any person, as bailee or otherwise, is claimed adversely by two or more other persons, and the right thereto as between such claimants is in doubt, the person in possession, though no action is commenced against that person by any of the claimants, may place ...
Execution (a) In General. (1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise.
Rule 64(a) reads as follows: At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment. But a federal statute governs to the extent it applies.
(a) DEPOSITING PROPERTY. If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing, a party?on 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.
P. 67, which allow deposit even when the litigant claims all or any part of the fund. It further requires service of an order calling for deposit on the clerk so as to assure notice to the clerk of responsibilities as to the fund.
Rule 83, which has not been amended since the Federal Rules were promulgated in 1938, permits each district to adopt local rules not inconsistent with the Federal Rules by a majority of the judges. The only other requirement is that copies be furnished to the Supreme Court.
