Local Rule DUCivR 67-1: DEPOSIT OR WITHDRAWAL OF FUNDS IN COURT REGISTRY
D. Utah — Civil rule
DUCivR 67-1 DEPOSIT OR WITHDRAWAL OF FUNDS IN COURT REGISTRY
(a) Deposit of Funds in Court Registry.
(1) Unless a statute provides otherwise (e.g., where state law requires the filing of a written undertaking or cost bond in an action against the State or its officers), a party must obtain a court order to deposit money in the court's registry.
(2) The signed order must include:
(A) the statute or rule authorizing the deposit of funds in the court registry, including;
(i) whether the funds must be invested under Fed. R. Civ. P. 67 or otherwise; and
(ii) if the funds must be invested, whether they qualify as disputed ownership funds either under Fed. R. Civ. P. 22 or 28 U.S.C. § 1335 (interpleader funds);
(B) the United States dollar amount of the deposit; and
(C) when applicable, a copy of the settlement agreement for a designated or qualified settlement fund under 26 U.S.C. § 468B(d)(2).
(3) The party must deliver a copy of the order on the Clerk of Court and the court's Finance Department by email at UTDecf_Forders@utd.uscourts.gov.
(4) The clerk will deposit the funds with the Treasurer of the United States in the name and to the credit of this court under 18 U.S.C. § 2041 through depositories designated by the Treasury to accept the deposit on its behalf.
(b) Invested Registry Funds.
(1) Funds deposited under Fed. R. Civ. P. 67, and all other funds that must be invested, will be deposited in the Court Registry Investment System (CRIS). The Administrative Office (AO) of the United States Courts will administer the funds.
(2) Funds deposited under Fed. R. Civ. P. 22 and 28 U.S.C. § 1335 meet the IRS definition of a disputed ownership fund (DOF) and require tax administration. These funds will be deposited in the DOF within CRIS. The AO is responsible for all DOF tax administration requirements.
(c) Fees.
Registry fees will be assessed and deducted consistent with the miscellaneous fee schedule established by the Judicial Conference of the United States and under 28 U.S.C. § 1914.
(d) Withdrawal of Funds from Court Registry.
(1) A party seeking to withdraw funds must file a motion consistent with DUCivR 7-1(a)(4)(D) and include a proposed order. The proposed order must also be emailed in an editable format to the assigned judge's chambers.
(2) The proposed order must include the following:
(A) the principal sum initially deposited;
(B) the identity of each payee to receive disbursement; and
(C) full mailing instructions for each disbursement, including complete street address and zip code.
(3) For funds that earned interest while deposited in CRIS, the party sending the proposed order must also email Internal Revenue Service Form W-9 or W-8BEN (foreign) for each payee to UTDecf_Forders@utd.uscourts.gov. A party must not file the IRS forms with the proposed order.
(4) The party must deliver a copy of the order and, when applicable, the completed IRS forms on the Clerk of Court and the court's Finance Department by email at UTDecf_Forders@utd.uscourts.gov.
(5) For funds that accrued interest of $10.00 or more, the court must include in its final order the amount of interest payable on the principal.
(6) Disbursements from the registry will be made by check from U.S. Treasury as the Clerk's Office allows or by electronic fund transfer (EFT). Individual registry disbursements totaling $500,000 or more must be issued via EFT.