CHAPTER 32-11DEPOSIT32-11-01. What subject to order of deposit. When it is admitted by the pleadings orthe examination of a party that the party has in the party's possession or under the party's control<br>any money or other thing capable of delivery, which, being the subject of the litigation, is held by<br>that party as trustee for another party or which belongs or is due to another party, the court may<br>order the same to be deposited in court, or delivered to such party with or without security,<br>subject to the further direction of the court.32-11-02. Voluntary deposit in court of property adversely claimed. Whenever twoor more persons make claim for the whole or any part of the same money, personal property, or<br>effects in the possession or control of any other person as bailee or otherwise, and the right of<br>any such claimant is adverse to the right of any other claimant, or is disputed or doubtful, and the<br>bailee, custodian, or person in control of any part of such property, money, or effects is unable to<br>determine to whom the same rightfully belongs, or who is rightfully entitled to the possession<br>thereof, or whenever such bailee, custodian, or person in control has notice or knowledge of any<br>right or claim of right of any person in or to any part of such property, money, or effects adverse<br>to the right of any other claimant therefor, or whenever any debt, money, property, or effects<br>owing by or in the possession or under the control of any person may be attached by<br>garnishment or other process, and there is any dispute as to who is entitled to the same or any<br>part thereof, in any such case the person in the possession or control of any such property,<br>money, or effects:1.If an action in any form has been commenced for or on account of, or growing out of<br>the same, or in which the same has been attached as aforesaid, may pay such<br>money or deliver such property or effects to the clerk of the court in which any such<br>action having reference to said money, property, or effects, or the value thereof, may<br>be pending, or out of which any garnishment or other process may issue with<br>reference thereto.2.If no such suit is commenced, may apply to the district court of the district where<br>such property, money, or effects may be situated, and upon showing to the<br>satisfaction of the court the existence of facts bringing such person within the<br>operation of this section, such court shall make an order designating a depositary<br>with whom such property, money, or effects may be deposited by the applicant for<br>such order.In either case such person in the possession or control of such property, money, or effects at<br>once shall notify personally or by registered or certified mail all persons of whose claims such<br>person may have notice or knowledge, having or claiming any interest, property, lien, or right in,<br>to, or upon such property, money, or effects, of such deposit, and upon giving such notice the<br>person so depositing the same thereupon shall be relieved from further liability to any person on<br>account of such property, money, or effects, but such depositor may be required upon the<br>application of any party interested therein to appear and make disclosure before the court in<br>which any such action may be pending or by which any order designating a depositor may be<br>made concerning such property, money, debts, or effects held, controlled, or owed by the<br>depositor. If the address of any persons having or making any claim as aforesaid cannot be<br>ascertained, an affidavit to that effect shall be filed with the depositary, and the giving of such<br>notice shall not be required in such case.32-11-03. Disobedience - Contempt. Whenever in the exercise of its authority a courtshall have ordered the deposit, delivery, or conveyance of money or other property and the order<br>is disobeyed, the court, besides punishing the disobedience as for contempt, may make an order<br>requiring the sheriff to take the money or property and deposit, deliver, or convey it in conformity<br>with the direction of the court.Page No. 132-11-04. Defendant's admissions. When the answer of the defendant expressly or bynot denying admits part of the plaintiff's claim to be just, the court, on motion, may order such<br>defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or<br>a provisional remedy.Page No. 2Document Outlinechapter 32-11 deposit
CHAPTER 32-11DEPOSIT32-11-01. What subject to order of deposit. When it is admitted by the pleadings orthe examination of a party that the party has in the party's possession or under the party's control<br>any money or other thing capable of delivery, which, being the subject of the litigation, is held by<br>that party as trustee for another party or which belongs or is due to another party, the court may<br>order the same to be deposited in court, or delivered to such party with or without security,<br>subject to the further direction of the court.32-11-02. Voluntary deposit in court of property adversely claimed. Whenever twoor more persons make claim for the whole or any part of the same money, personal property, or<br>effects in the possession or control of any other person as bailee or otherwise, and the right of<br>any such claimant is adverse to the right of any other claimant, or is disputed or doubtful, and the<br>bailee, custodian, or person in control of any part of such property, money, or effects is unable to<br>determine to whom the same rightfully belongs, or who is rightfully entitled to the possession<br>thereof, or whenever such bailee, custodian, or person in control has notice or knowledge of any<br>right or claim of right of any person in or to any part of such property, money, or effects adverse<br>to the right of any other claimant therefor, or whenever any debt, money, property, or effects<br>owing by or in the possession or under the control of any person may be attached by<br>garnishment or other process, and there is any dispute as to who is entitled to the same or any<br>part thereof, in any such case the person in the possession or control of any such property,<br>money, or effects:1.If an action in any form has been commenced for or on account of, or growing out of<br>the same, or in which the same has been attached as aforesaid, may pay such<br>money or deliver such property or effects to the clerk of the court in which any such<br>action having reference to said money, property, or effects, or the value thereof, may<br>be pending, or out of which any garnishment or other process may issue with<br>reference thereto.2.If no such suit is commenced, may apply to the district court of the district where<br>such property, money, or effects may be situated, and upon showing to the<br>satisfaction of the court the existence of facts bringing such person within the<br>operation of this section, such court shall make an order designating a depositary<br>with whom such property, money, or effects may be deposited by the applicant for<br>such order.In either case such person in the possession or control of such property, money, or effects at<br>once shall notify personally or by registered or certified mail all persons of whose claims such<br>person may have notice or knowledge, having or claiming any interest, property, lien, or right in,<br>to, or upon such property, money, or effects, of such deposit, and upon giving such notice the<br>person so depositing the same thereupon shall be relieved from further liability to any person on<br>account of such property, money, or effects, but such depositor may be required upon the<br>application of any party interested therein to appear and make disclosure before the court in<br>which any such action may be pending or by which any order designating a depositor may be<br>made concerning such property, money, debts, or effects held, controlled, or owed by the<br>depositor. If the address of any persons having or making any claim as aforesaid cannot be<br>ascertained, an affidavit to that effect shall be filed with the depositary, and the giving of such<br>notice shall not be required in such case.32-11-03. Disobedience - Contempt. Whenever in the exercise of its authority a courtshall have ordered the deposit, delivery, or conveyance of money or other property and the order<br>is disobeyed, the court, besides punishing the disobedience as for contempt, may make an order<br>requiring the sheriff to take the money or property and deposit, deliver, or convey it in conformity<br>with the direction of the court.Page No. 132-11-04. Defendant's admissions. When the answer of the defendant expressly or bynot denying admits part of the plaintiff's claim to be just, the court, on motion, may order such<br>defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or<br>a provisional remedy.Page No. 2Document Outlinechapter 32-11 deposit
CHAPTER 32-11DEPOSIT32-11-01. What subject to order of deposit. When it is admitted by the pleadings orthe examination of a party that the party has in the party's possession or under the party's control<br>any money or other thing capable of delivery, which, being the subject of the litigation, is held by<br>that party as trustee for another party or which belongs or is due to another party, the court may<br>order the same to be deposited in court, or delivered to such party with or without security,<br>subject to the further direction of the court.32-11-02. Voluntary deposit in court of property adversely claimed. Whenever twoor more persons make claim for the whole or any part of the same money, personal property, or<br>effects in the possession or control of any other person as bailee or otherwise, and the right of<br>any such claimant is adverse to the right of any other claimant, or is disputed or doubtful, and the<br>bailee, custodian, or person in control of any part of such property, money, or effects is unable to<br>determine to whom the same rightfully belongs, or who is rightfully entitled to the possession<br>thereof, or whenever such bailee, custodian, or person in control has notice or knowledge of any<br>right or claim of right of any person in or to any part of such property, money, or effects adverse<br>to the right of any other claimant therefor, or whenever any debt, money, property, or effects<br>owing by or in the possession or under the control of any person may be attached by<br>garnishment or other process, and there is any dispute as to who is entitled to the same or any<br>part thereof, in any such case the person in the possession or control of any such property,<br>money, or effects:1.If an action in any form has been commenced for or on account of, or growing out of<br>the same, or in which the same has been attached as aforesaid, may pay such<br>money or deliver such property or effects to the clerk of the court in which any such<br>action having reference to said money, property, or effects, or the value thereof, may<br>be pending, or out of which any garnishment or other process may issue with<br>reference thereto.2.If no such suit is commenced, may apply to the district court of the district where<br>such property, money, or effects may be situated, and upon showing to the<br>satisfaction of the court the existence of facts bringing such person within the<br>operation of this section, such court shall make an order designating a depositary<br>with whom such property, money, or effects may be deposited by the applicant for<br>such order.In either case such person in the possession or control of such property, money, or effects at<br>once shall notify personally or by registered or certified mail all persons of whose claims such<br>person may have notice or knowledge, having or claiming any interest, property, lien, or right in,<br>to, or upon such property, money, or effects, of such deposit, and upon giving such notice the<br>person so depositing the same thereupon shall be relieved from further liability to any person on<br>account of such property, money, or effects, but such depositor may be required upon the<br>application of any party interested therein to appear and make disclosure before the court in<br>which any such action may be pending or by which any order designating a depositor may be<br>made concerning such property, money, debts, or effects held, controlled, or owed by the<br>depositor. If the address of any persons having or making any claim as aforesaid cannot be<br>ascertained, an affidavit to that effect shall be filed with the depositary, and the giving of such<br>notice shall not be required in such case.32-11-03. Disobedience - Contempt. Whenever in the exercise of its authority a courtshall have ordered the deposit, delivery, or conveyance of money or other property and the order<br>is disobeyed, the court, besides punishing the disobedience as for contempt, may make an order<br>requiring the sheriff to take the money or property and deposit, deliver, or convey it in conformity<br>with the direction of the court.Page No. 132-11-04. Defendant's admissions. When the answer of the defendant expressly or bynot denying admits part of the plaintiff's claim to be just, the court, on motion, may order such<br>defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or<br>a provisional remedy.Page No. 2Document Outlinechapter 32-11 deposit
