Local Rule Rule 67.1: DEPOSITS AND WITHDRAWALS IN THE REGISTRY OF THE COURT

Rule 67.1 DEPOSITS AND WITHDRAWALS IN THE REGISTRY OF THE COURT

(a) Court Ordered Investments. Parties depositing money into the Court registry shall file and serve upon the Clerk of Court or the designated Financial Deputy a signed court order. The order shall specify the amount to be invested and the type of investment to be made. The Clerk of Court shall deposit the funds only in an interest-bearing account, or accounts, as designated in the order. Please see General Order 2017- 5: https://www.wyd.uscourts.gov/sites/wyd/files/Administrative%20General%20Order%202017-05.pdf.

(b) Registry Fee. The order shall also contain language which directs the Clerk of Court to deduct from the income earned on the investment a fee not to exceed that authorized by 28 U.S.C. § 1914(b) and any regulations promulgated thereunder by the Judicial Conference of the United States.

(c) Withdrawals. Withdrawal of funds which have been deposited in the registry of the Court pursuant to Fed. R. Civ. P. 67 shall be allowed only upon an order of the Court (28 U.S.C. § 2042). Any registry funds which were deposited into an interest-bearing account or instrument, as required by Fed. R. Civ. P. 67, may be withdrawn only after the party seeking the funds provides a separate document (W-9) which sets forth the Social Security number or tax identification number of the ultimate recipient(s) of the funds along with the address where the funds are to be sent. All motions and proposed orders for withdrawal shall include the amount to be paid out, to whom it should be paid and the deduction of the registry fee.

(d) Non-Interest Bearing Deposits. Criminal cash bail, cost bonds and other cash bonds such as admiralty cost bonds, injunction cost bonds, civil garnishments, etc., are not governed by the Federal Rules of Civil Procedure and, therefore, are not required to be deposited in interest-bearing accounts.