§ 16-63-102 - Deposits in court.
16-63-102. Deposits in court.
(a) (1) Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff to take the money or thing and deposit or deliver it in conformity with its directions.
(2) (A) The court may direct the sheriff to keep safe any property delivered pursuant to the provisions of this section and may allow him or her the necessary expenses attending the property, to be paid by such party as the court shall direct, and taxed in the costs of the action.
(B) The court may confide to the sheriff money deposited or paid into court, which shall be kept by him or her under the same requirements and responsibilities of himself or herself and his or her sureties as are provided by this code in respect to money deposited in lieu of bail.
(b) A court sitting in a county in which, or in any county adjoining which, there is a bank or a branch of a bank, created by the laws of this state or the United States, transacting regular banking business, may order money paid into court to be deposited in that bank or branch to the credit of the court, in the action or proceeding in which the money was paid. Money so deposited shall be paid only upon the check of the clerk of the court annexed to its certified order for the payment and in favor of the person to whom the order directs the payment to be made.
(c) Money deposited or paid into the court in any action shall not be loaned out by the court unless it is with the consent of all the parties having an interest in or making claim to the money.