Local Rule LCvR 3.1: FILING FEE, BOND, SECURITY, PROHIBITED SURETIES, PAYMENT OF FEES ELECTRONICALLY, AND REFUNDS

LCvR 3.1 FILING FEE, BOND, SECURITY, PROHIBITED SURETIES, PAYMENT OF FEES ELECTRONICALLY, AND REFUNDS

(a) Filing Fee and Cost Bond. When a party commences or removes an action to this Court, the party must pay a filing fee in such amount as established by law. In a civil case commenced in this Court, no bond, or cash deposit in lieu of such bond, as security for costs is required except on motion and for good cause shown.

(b) Security. Bonds or other securities shall be allowed and taken with security, or one or more securities, as provided by the federal statutes or the Federal Rules of Civil Procedure. The judges of this district may, for good cause, enter orders restricting any bonding company or surety company from being accepted as surety upon any bond in any case or matter in this district.

(c) Prohibited Sureties. Neither counsel of record, administrative officers, Court employees, nor the United States Marshal or the Marshal's deputies or assistants, may act as surety in any suit, action, or proceeding in this Court, except by leave of the Court.

(d) Payment of Filing and Other Fees Electronically. Where the Federal Rules of Civil Procedure or the Local Rules of this Court require payment of filing, admission, special admission, or other fees, such may be accomplished through secure electronic means as established by the Clerk of Court.

(e) Fee Refunds. Fees paid to the Clerk of Court will be refunded only upon Court order or where the payment was made in error.

(1) Refunds by the Clerk of Court for Erroneous Payments. The Clerk of Court (or the Clerk's designee) may, in their discretion and without a Court order, refund fees accepted in error. Examples are duplicate payments, payments to the wrong district, overpayments, and payments made in error by attorneys through the Electronic Payment System. To receive a refund from the Clerk of Court based on an erroneous payment, the payor must submit a written request to the Clerk of Court indicating the payment amount, the case in which the payment was made, and the nature of the error. Such requests may be submitted by accessing the Court's internet website and clicking on the "Contact Us" tab. Refunds of electronic payments will be credited electronically to the payor's credit card. No cash refunds will be made.

(2) Refunds by Court Order. Requests for payment refunds that were not made in error by the payor will ordinarily be referred to the presiding judge. Such refunds will be made only at the direction of the Court.

(3) Refunds Where Payee Has an Outstanding Balance. The Clerk of Court will not refund payments made in error if it is determined that the payor owes any other debt to the Court.

(f) Clerk of Court's Responsibilities as to Payments and Refunds.

(1) Electronic Payments. Electronic payments are accepted via Pay.gov, a program of the U.S. Department of the Treasury, Bureau of the Fiscal Service.

(2) Conventional Payments. As to conventional payments received through the mail or by the Clerk of Court, the Clerk of Court will attempt to confirm that each payment is proper before it is deposited and a receipt is issued. If a conventional payment is deposited and receipted in error, it will be refunded to the payor by a United States Treasury check, which will issue at the discretion of the Clerk of Court as explained in Section (e).