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Sunday, November 29, 2020

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Local Rules of Civil Procedure

LR 67 - Deposits in Court

(See Fed. R. Civ. P. 67)

LR 67-1 Deposits in Court - Procedural Requirements (See 28 U.S.C. § 2041)

(a) Form of Deposit

All monies paid into the Court must be by cash or by cashier's check or certified check made payable to Clerk, U.S. District Court.

(b) Registry Fund

Upon receipt, the Clerk will deposit the monies into the Court's registry fund which is held by the Treasurer of the United States.

(c) Interest-bearing Account

  1. Interest-bearing account deposits other than interpleader funds.  Upon order of the Court, the Clerk will deposit monies into an interest-bearing account to be held pending disbursement. As set forth in paragraph (d), below, a fee will be assessed on funds deposited into such an account.
  2. Interpleader funds deposited under 28 U.S.C. § 1335.  Such funds meet the IRS definition of a Disputed Ownership Fund (DOF), a taxable entity that requires tax administration.   Upon order of the Court, the Clerk will deposit interpleader funds into an interest-bearing account.  Interpleader funds are subject to a DOF fee, assessed according to the Court's Miscellaneous Fee Schedule, and withholding of federal taxes due.   
Practice Tip
Refer to Standing Order 2016-11, Order Regarding Deposit and Investment of Registry Funds, for details about how interest-bearing account deposits are administered and how fees and applicable taxes are assessed.

(d) Assessment of Fee

Pursuant to the authority of the Judicial Conference of the United States, the Clerk will assess the required fee on all income earned on any funds deposited in an interest-bearing account authorized by the Court pursuant to paragraph (c), above.

LR 67-2 Order to Deposit Funds (See Sample Orders to Deposit Funds)

A proposed form of order must be filed with any motion to deposit funds. The Clerk's Office Financial Administrator must approve all proposed orders seeking to deposit funds with the Court.

LR 67-3 Funds Withdrawal - Generally (See 28 U.S.C. § 2042)

(a) Motion to Withdraw Funds (See Sample Orders to Disburse Funds)

Upon motion or stipulation, the Court may order that funds be withdrawn from the registry of the Court for redeposit or disbursement. A proposed form of order must be filed with a motion to withdraw funds, and must contain the following information:

  1. The amount on deposit at the time of the motion;
  2. The amount to be withdrawn;
  3. The name of the attorney of record who will receive and maintain the funds as a trustee, or the name and address of any payee who will receive such funds.

(b) Review of Proposed Orders by the Clerk

The Clerk's Office Financial Administrator must approve all proposed orders to withdraw funds deposited with the Court.

LR 67-4 Disbursement of Funds

All payments from registry funds held by the Court will be paid as directed by the Court.

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