(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 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
- 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.
- 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Upon motion or stipulation, the Court may order that funds be withdrawn from the registry of the Court for redeposit or disbursement.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:
- The amount on deposit at the time of the motion;
- The amount to be withdrawn;
- 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.
| Amendment History to LR 67 | |
|---|---|
| June 1, 2002 | |
| Generally | Cross-references added and updated. |
| LR 67.1(a) | "authorized plastic card payment . . ." added. |
| LR 67.5(b) | Corrected reference to LR 67.1. |
| June 1, 2006 | |
| Generally | Appendix of Forms numbers updated. |
| December 1, 2009 | |
| Generally | References to Appendix of Forms deleted. |
| LR 67-1(a) | Removed reference to "authorized plastic card payment." |
| LR 67.3(a) | Deleted former LR 67.3(a) referring to 28 U.S.C. § 2041. Subsequent subsections relettered. |
| LR 67-3(a) and 67-3(a)(2) | Added the phrases "or disbursement" and "or disbursing." |
| March 1, 2012 | |
| LR 67 | Title change from "Deposits in Court and Other Funds" to "Deposits in Court." |
| LR 67-1(b) | Modification of sentence from "Upon receipt, the clerk will deposit the monies with the Treasurer of the United States into the Court's registry fund" to "Upon receipt, the Clerk will deposit the monies into the Court's registry fund which is held by the Treasurer of the United States. |
| LR 67-1(c) | New section for Interest-bearing Account and relettering of next section from (c) to (d). |
| LR 67-1(c) now (d) | Modification of sentence from ". . .the clerk will assess a registry fee on all income earned on any Court approved account established pursuant to this rule" to ". . .the Clerk will assess a registry 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 | Title change from "Order to Deposit Funds into Interest Bearing Accounts" to "Order to Deposit Funds" and "Sample Order" made plural. Modified sentence to remove words after "proposed orders" and adding ". . .seeking to deposit funds with the Court." |
| LR 67-3(a) | "Sample Order" made plural. Removed word "elsewhere" from first sentence. Changed the reference to "an application" to "a motion" in the second sentence. Additional modifications made to subsections (1) thru (5) including removal of subsection (3) and (5) with remaining sections renumbered. |
| LR 67-3(a)(1) to (4) | Itemized list of what a proposed order submitted with a motion to withdraw funds must contain. Subsection (1) modified to eliminate "the schedule of anticipated or future deposits" and add "at the time of the motion." Subsection (2) modified to include "if any" referring to "the amount of the registry fee" and capitalization of the word "Clerk." Subsection (3) and (5) removed. Subsection (4) renumbered to (3) to include at the end of the sentence "or the name and address of any payee who will receive such funds; and." New Subsection (4) added as "The method for delivery of such funds to the intended recipient; whether by U.S. Mail or personal delivery at the Clerk's Office." |
| LR 67-3(b) | Removed words "applications and" from sentence after "must approve all . . ." |
| LR 67-4 | Modified sentence from "Except as directed the Court, payments from registry funds held by the Court will be paid jointly to the entitled party and to their local attorney of record, and will be mailed to the attorney for distribution" to "All payments from registry funds held by the Court will be paid as directed by the Court." |
| LR 67-5 | Removed. |
| March 1, 2013 | |
| LR 67-2 | Added this new initial sentence: "A proposed form or order must be submitted with any motion to deposit funds." Omitted "Prior to submission to the Court" at the beginning of the second sentence and "with the Court" at the end of the same sentence. Capitalized "Clerk’s Office Financial Administrator." |
| LR 67-3(a) | Changed the word "Monies" to "Funds" in the reference to the Sample Orders. |
| LR 67-3(b) | Omitted "Prior to submission to the Court" at the beginning of the sentence. Capitalized "Clerk’s Office Financial Administrator," and replaced the word "monies" at the end of the sentence with "funds deposited with the Court." |
| March 1, 2014 | |
| LR 67-2 | Changed "submitted" to "filed." |
| LR 67-3 | Changed "submitted" to "filed." |
| March 1, 2017 | |
| LR 67-1(c)(1) | Added subsection (1) heading: "Interest-bearing account deposits other than interpleader funds." |
| LR 67-1(c)(2) | New subsection. |
| LR 67-1(c) | New Practice Tip. |
| LR 67-1(d) | Deleted "Registry" before "Fee" in the heading. Replaced "a registry" with "the required" in the rule text. |
| LR 67-3(a)(2) | Deleted "and the amount of the registry fee, if any, to be assessed by the Clerk" after "withdrawn" and added "and" after the semicolon at the end of that subsection. |
| LR 67-3(a)(3) | Deleted semicolon and "and" at the end of subsection (3) and added period after "funds." |
| LR 67-3(a)(4) | Deleted subsection (4), "The method for delivery of such funds to the intended recipient, whether by U.S. Mail or personal delivery at the Clerk's Office." |
| April 1, 2022 | |
| LR 67-1(a) | Deleted "by cash or" before "by cashier's." |