Local Rule LR67.3: Disbursement of Registry Funds

LR67.3 Disbursement of Registry Funds Funds will be disbursed from the registry of the court only upon order of a judge of this court. It is the responsibility of counsel filing a motion for disbursement to satisfy the court of the recipient's entitlement to the funds sought to be disbursed.

In the Western District, a motion for disbursement of registry funds will be submitted to the financial deputy clerk for certification of the principal amount of the fund held in the registry in a particular case before the motion is presented to the judge.

A motion for disbursement of registry funds will set forth the principal sum initially deposited, the amount of principal funds to be disbursed, to whom the disbursement is to be made, complete mailing instructions and specific instructions regarding distribution of accrued interest.

Each motion must be accompanied by a proposed order which must contain substantially the following language: "The clerk is authorized and directed to draw a check (or checks) on the funds on deposit in the registry of this court in the principal amount of ________ plus all interest earned less the assessment fee for the administration of funds, (or state other instruction regarding interest), payable to (Name and address of payee), and mail or deliver the check (or checks) to (payee or attorney) at (full address with zip code)."

If more than one check is to be issued on a single order, the portion of principal due each payee must be stated separately. For non-interpleader funds, counsel must also provide the Social Security number or Tax I.D. number for each payee. However, due to privacy issues, the Social Security number or Tax I.D. number should not be put in the "Order for Disbursement." Such numbers should be put in a separate letter addressed to the Clerk's Office or emailed to lawd_financial@lawd.uscourts.gov.

On all checks drawn by the clerk on registry funds, the name of the payee must be written as that name appears in the court's order providing for disbursement.

The clerk will issue disbursements as soon after receipt of the order for disbursement as the business of the clerk's office allows, except when it is necessary to allow time for a check or draft to clear or when otherwise directed by the court. It is the responsibility of the moving party to verify that the funds have been paid within a reasonable time.