Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 25, 2009

4:73-9. Payment Into Court; Disputes as to Allocation; Withdrawal; Review

(a) Payment Into Court. A plaintiff authorized by statute to pay the award into court shall do so on order of the court entered without notice unless the statute requires notice.

(b) Disputes as to Allocation. If allocation of the proceeds of an award or judgment is in dispute, the same shall be tried only after the award has been paid into court or a judgment upon appeal from an award has been entered. The matter may be initiated by any party by a petition in the cause and shall proceed as a summary action under R. 4:67.

(c) Withdrawal. Any party may apply for withdrawal of money paid into court by motion on notice to all other parties, including the Director of the Division of Taxation if the plaintiff is the Commissioner of Transportation. If any party disputes such withdrawal, the moving party shall proceed under paragraph (b) of this rule.

(d) Review. All orders for withdrawal shall be processed in accordance with R. 4:57-2.