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Rule 146. Deposits with the Court; Proceedings Against Sureties

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part XII: Special Proceedings
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 146
Rule 146. Deposits with the Court; Proceedings Against Sureties
a. Voluntary deposit of money or thing. In a lawsuit where some or the entire claim is for the disposition of money, or the disposition of something that is capable of being delivered, a party, after giving notice to the other parties and after obtaining the permission of the court, may deposit the money or thing with the court. Money or things deposited with the court under paragraph (a) or (b) of this rule must be kept in a marked and sealed envelope in the court's safe, in a bank, or as directed by the court, and must be subject to the control of the court. [ARCP 67(a)]
b. Deposit or delivery of money or thing by court order. If a party has in its possession money or something that is capable of being delivered, and the money or thing is the subject of the lawsuit and is held by the party as trustee for another party or that belongs or is due to another party, the court may order that the money or thing be deposited with the court, or otherwise delivered to a party, on conditions that are just and subject to further order of the court. [ARCP 67(b)]
c. Proceedings against sureties. A surety who gives security in the form of a bond or similar undertaking submits to the jurisdiction of the court where it is filed. The surety's liability may be enforced on motion without the necessity of an independent action. [ARCP 65.1]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 146, AZ ST J CT RCP Rule 146
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
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