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Friday, March 29, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

LR 67 - Deposits in Court

(See Fed. R. Civ. P. 67)

LR 67-1 Deposits in Court - Procedural Requirements (See 28 U.S.C. § 2041)

(a) Form of Deposit

All monies paid into the Court must be by cashier's check or certified check made payable to Clerk, U.S. District Court.

(b) Registry Fund

Upon receipt, the Clerk will deposit the monies into the Court's registry fund which is held by the Treasurer of the United States.

(c) Interest-bearing Account

  1. Interest-bearing account deposits other than interpleader funds.  Upon order of the Court, the Clerk will deposit monies into an interest-bearing account to be held pending disbursement. As set forth in paragraph (d), below, a fee will be assessed on funds deposited into such an account.
  2. Interpleader funds deposited under 28 U.S.C. § 1335.  Such funds meet the IRS definition of a Disputed Ownership Fund (DOF), a taxable entity that requires tax administration.   Upon order of the Court, the Clerk will deposit interpleader funds into an interest-bearing account.  Interpleader funds are subject to a DOF fee, assessed according to the Court's Miscellaneous Fee Schedule, and withholding of federal taxes due.   
Practice Tip
Refer to Standing Order 2016-11, Order Regarding Deposit and Investment of Registry Funds, for details about how interest-bearing account deposits are administered and how fees and applicable taxes are assessed.

(d) Assessment of Fee

Pursuant to the authority of the Judicial Conference of the United States, the Clerk will assess the required fee on all income earned on any funds deposited in an interest-bearing account authorized by the Court pursuant to paragraph (c), above.

LR 67-2 Order to Deposit Funds (See Sample Orders to Deposit Funds)

A proposed form of order must be filed with any motion to deposit funds. The Clerk's Office Financial Administrator must approve all proposed orders seeking to deposit funds with the Court.

LR 67-3 Funds Withdrawal - Generally (See 28 U.S.C. § 2042)

(a) Motion to Withdraw Funds (See Sample Orders to Disburse Funds)

Upon motion or stipulation, the Court may order that funds be withdrawn from the registry of the Court for redeposit or disbursement. A proposed form of order must be filed with a motion to withdraw funds, and must contain the following information:

  1. The amount on deposit at the time of the motion;
  2. The amount to be withdrawn;
  3. The name of the attorney of record who will receive and maintain the funds as a trustee, or the name and address of any payee who will receive such funds.

(b) Review of Proposed Orders by the Clerk

The Clerk's Office Financial Administrator must approve all proposed orders to withdraw funds deposited with the Court.

LR 67-4 Disbursement of Funds

All payments from registry funds held by the Court will be paid as directed by the Court.


Amendment History to LR 67
June 1, 2002
Generally Cross-references added and updated.
LR 67.1(a) "authorized plastic card payment . . ." added.
LR 67.5(b) Corrected reference to LR 67.1.
June 1, 2006
Generally Appendix of Forms numbers updated.
December 1, 2009
Generally References to Appendix of Forms deleted.
LR 67-1(a) Removed reference to "authorized plastic card payment."
LR 67.3(a) Deleted former LR 67.3(a) referring to 28 U.S.C. § 2041.
Subsequent subsections relettered.
LR 67-3(a) and 67-3(a)(2) Added the phrases "or disbursement" and "or disbursing."
March 1, 2012
LR 67 Title change from "Deposits in Court and Other Funds" to "Deposits in Court."
LR 67-1(b) Modification of sentence from "Upon receipt, the clerk will deposit the monies with the Treasurer of the United States into the Court's registry fund" to "Upon receipt, the Clerk will deposit the monies into the Court's registry fund which is held by the Treasurer of the United States.
LR 67-1(c) New section for Interest-bearing Account and relettering of next section from (c) to (d).
LR 67-1(c) now (d) Modification of sentence from ". . .the clerk will assess a registry fee on all income earned on any Court approved account established pursuant to this rule" to ". . .the Clerk will assess a registry fee on all income earned on any funds deposited in an interest-bearing account authorized by the Court pursuant to paragraph (c), above."
LR 67-2 Title change from "Order to Deposit Funds into Interest Bearing Accounts" to "Order to Deposit Funds" and "Sample Order" made plural. Modified sentence to remove words after "proposed orders" and adding ". . .seeking to deposit funds with the Court."
LR 67-3(a) "Sample Order" made plural. Removed word "elsewhere" from first sentence. Changed the reference to "an application" to "a motion" in the second sentence. Additional modifications made to subsections (1) thru (5) including removal of subsection (3) and (5) with remaining sections renumbered.
LR 67-3(a)(1) to (4) Itemized list of what a proposed order submitted with a motion to withdraw funds must contain.
Subsection (1) modified to eliminate "the schedule of anticipated or future deposits" and add "at the time of the motion."
Subsection (2) modified to include "if any" referring to "the amount of the registry fee" and capitalization of the word "Clerk."
Subsection (3) and (5) removed.
Subsection (4) renumbered to (3) to include at the end of the sentence "or the name and address of any payee who will receive such funds; and."
New Subsection (4) added as "The method for delivery of such funds to the intended recipient; whether by U.S. Mail or personal delivery at the Clerk's Office."
LR 67-3(b) Removed words "applications and" from sentence after "must approve all . . ."
LR 67-4 Modified sentence from "Except as directed the Court, payments from registry funds held by the Court will be paid jointly to the entitled party and to their local attorney of record, and will be mailed to the attorney for distribution" to "All payments from registry funds held by the Court will be paid as directed by the Court."
LR 67-5 Removed.
March 1, 2013
LR 67-2 Added this new initial sentence: "A proposed form or order must be submitted with any motion to deposit funds."  Omitted "Prior to submission to the Court" at the beginning of the second sentence and "with the Court" at the end of the same sentence.  Capitalized "Clerk’s Office Financial Administrator."
LR 67-3(a) Changed the word "Monies" to "Funds" in the reference to the Sample Orders.
LR 67-3(b) Omitted "Prior to submission to the Court" at the beginning of the sentence.  Capitalized "Clerk’s Office Financial Administrator," and replaced the word "monies" at the end of the sentence with "funds deposited with the Court."
March 1, 2014
LR 67-2 Changed "submitted" to "filed."
LR 67-3 Changed "submitted" to "filed."
March 1, 2017
LR 67-1(c)(1) Added subsection (1) heading:  "Interest-bearing account deposits other than interpleader funds."
LR 67-1(c)(2) New subsection.
LR 67-1(c) New Practice Tip.
LR 67-1(d) Deleted "Registry" before "Fee" in the heading.  Replaced "a registry" with "the required" in the rule text.
LR 67-3(a)(2) Deleted "and the amount of the registry fee, if any, to be assessed by the Clerk" after "withdrawn" and added "and" after the semicolon at the end of that subsection.  
LR 67-3(a)(3) Deleted semicolon and "and" at the end of subsection (3) and added period after "funds." 
LR 67-3(a)(4) Deleted subsection (4), "The method for delivery of such funds to the intended recipient, whether by U.S. Mail or personal delivery at the Clerk's Office."
April 1, 2022
 LR 67-1(a) Deleted "by cash or" before "by cashier's."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 17 – Claims Involving Protected Persons Under Fed. R. Civ. P. 17(c)

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers