TITLE 25. CIVIL PROCEDURE

CHAPTER 8. DEPOSIT IN COURT -- DELIVERY TO PARTY

Part 1. General Provisions

When Court May Order Deposit Or Delivery

25-8-101. When court may order deposit or delivery. When it is admitted by the pleading or shown upon the examination of a party that the party has in the party's possession or under the party's control any money or other thing capable of delivery that, being the subject of the litigation, is held by the party as trustee for another party or that belongs or is due to another party, the court may order the money or thing, upon motion, to be deposited in court or delivered to the party upon conditions that may be just, subject to the further direction of the court.

History: En. Sec. 115, p. 66, Bannack Stat.; re-en. Sec. 142, p. 160, L. 1867; re-en. Sec. 178, p. 61, Cod. Stat. 1871; re-en. Sec. 227, p. 95, L. 1877; re-en. Sec. 227, 1st Div. Rev. Stat. 1879; re-en. Sec. 235, 1st Div. Comp. Stat. 1887; amd. Sec. 970, C. Civ. Proc. 1895; re-en. Sec. 6705, Rev. C. 1907; re-en. Sec. 9308, R.C.M. 1921; Cal. C. Civ. Proc. 572; re-en. Sec. 9308, R.C.M. 1935; R.C.M. 1947, 93-4501; amd. Sec. 414, Ch. 56, L. 2009.