C.R.C.P. 67

History

ANNOTATION The Colorado Governmental Immunity Act specifies the amount of plaintiff’s maxi- mum recovery from public entities or public employees, and this rule establishes the proce- dure by which defendant may deposit an undis- puted sum into the court registry. Rudnick v. Ferguson, 179 P.3d 26 (Colo. App. 2007). Trial court did not err in permitting defen- dants to tender $150,000 into the court registry and in dismissing the case as moot without requiring defendants to confess judgment, admit their liability, or enter into a settlement with the plaintiffs. Rudnick v. Ferguson, 179 P.3d 26 (Colo. App. 2007). Trial court has jurisdiction to decide city’s motion pursuant to this rule to deposit funds with the court registry after the filing of a notice of appeal because the motion did not challenge the propriety of the judgment it- self. The filing of a notice of appeal generally signifies that the trial court is divested of the authority to consider matters of substance, but trial courts retain jurisdiction to act on matters that are not relative to and do not affect the judgment on appeal. Thus, the city’s deposit of funds into the court’s registry was acceptable. Coors Brewing Co. v. City of Golden, 2013 COA 92, 411 P.3d 767. A motion to deposit funds with the court registry pursuant to this rule is not a post- trial motion pursuant to C.R.C.P. 59. Coors Brewing Co. v. City of Golden, 2013 COA 92, 411 P.3d 767. This rule permits a trial court to toll the accruing post-judgment interest as of the time the judgment creditor can gain access to the money deposited in the registry of the court. Coors Brewing Co. v. City of Golden, 2013 COA 92, 411 P.3d 767.