Payment into Court by defendant
268 Payment into Court by defendant
A defendant may pay into Court a sum of money – in satisfaction of a claim; or if several causes of action are joined in one action, in satisfaction of one or more of the causes of action.
A payment into Court is to be made – after the defendant files an appearance and on or after the day on which the defendant gives notice of the payment to the plaintiff; and before the commencement of the trial.
If a defence sets up tender before action, the defendant is to bring into Court the sum of money alleged to have been tendered.
A notice of the payment under subrule (2) – is to be in accordance with the prescribed form; and with the leave of the Court or a judge, may be modified or withdrawn or delivered in an amended form.
At any time before the commencement of the trial, the defendant may increase the amount paid into Court and deliver a notice to the plaintiff to that effect.
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