Local Rule LR 67.2: WITHDRAWING MONEY FROM THE COURT REGISTRY

LR 67.2 WITHDRAWING MONEY FROM THE COURT REGISTRY

(a) Court Order Required. A party may withdraw money from the court registry only by court order.

(b) Motion to Withdraw Money.

(1) A party seeking to withdraw money from the court registry must file:

(A) a motion for leave to make the withdrawal;

(B) a Withdrawal Payee Information form (under seal); and

(C) a proposed order (an editable copy of which must be emailed to chambers), specifying the amount of principal and percentage of interest to be disbursed to each payee.

(2) A party opposing the motion must file a response within 7 days after the motion is filed.

(3) The moving party may file a reply within 7 days after the response is filed.

(4) No motion, response, or reply may exceed 1,500 words.

(c) Timing of Disbursement. The clerk must not disburse money from the court registry until 30 days after entry of the order granting leave, unless the court orders otherwise.

[Adopted effective February 1, 1991; amended January 31, 2011; amended January 28, 2013; amended April 1, 2017; amended December 1, 2018].

2018 Advisory Committee's Note to LR 67.2 Local Rule 67.2(c) has been amended to comply with the 2018 amendments to Fed. R. Civ. P. 62(a).

2017 Advisory Committee's Note to LR 67.2 Local Rule 67.2 has been amended to allow the Withdrawal Payee Information form to be filed under seal. Under the former rule, a party had to file the form conventionally. The amended rule also corrects a clerical error in former subsection (b)(4).

2013 Advisory Committee's Note to LR 67.2 The language of LR 67.2 relating to proposed orders has been revised to be consistent with similar language in LR 7.1. Subsection (c) has been amended to reflect the fees that must be assessed when funds are deposited in an interest-bearing account with the court's registry.

2011 Advisory Committee's Note to LR 67.2 The filing requirements of LR 7.1(a)-(b), Civil Motion Practice, do not apply to motions to withdraw money from the court registry. Parties who desire to withdraw money from the court registry need only: (1) conventionally file the Withdrawal Payee Information form; (2) file a motion on the court's ECF system requesting the court to enter an order to withdraw money from the court registry; and (3) e-mail the presiding judge a proposed order. Refer to the ECF Guides for information on providing the court with proposed orders.

The Withdrawal Payee Information form is available from the clerk and electronically on the court's website at www.mnd.uscourts.gov. The social security number information collected by the clerk on the form is provided to the depository institution pursuant to I.R.S. Ruling 76-50. This information is used for administrative purposes only and will be kept confidential. The Withdrawal Payee Information form will not be filed on the court's ECF system.

Please note that even if the court orders money to be withdrawn before the expiration of the 14-day stay period, administrative delays may occur in the disbursing of funds. Questions about money deposited into the court registry should be directed to the finance department at 612-664-5000.