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LR 67.1 Money Deposited into the Court Registry

 

(a)  Court Order Required. A party may deposit money into the court registry only by court order.

 

(b)  Motion and Proposed Order; Memoranda.

 

(1)      A party seeking to deposit money into the court registry under Fed. R. Civ. P. 67(a) must:

 

(A)  file and serve a motion requesting an order permitting the deposit; and

 

(B)  provide to the court and serve a proposed order that specifies the exact amount of money to be deposited.

 

(2)      The proposed order must not be filed on the court’s ECF system. Instead, the proposed order must be e-mailed to chambers in accordance with procedures set forth in the court’s most recent ECF Guides.

 

(3)      A party opposing a motion to deposit money into the court registry under Fed. R. Civ. P. 67(a) must, no later than 7 days after the motion is served, file and serve a memorandum that must not exceed 1,500 words if set in a proportional font, or 140 lines if set in a monospaced font.

 

(4)      No later than 7 days after a memorandum opposing a motion to deposit money into the court registry is served, a party seeking to deposit money into the court registry may file and serve a reply memorandum that must not exceed 1,500 words if set in a proportional font, or 140 lines if set in a monospaced font.

 

(c)  Interest on Deposits.

 

(1)      The clerk will not deposit money posted as bond in an interest-bearing account.

 

(2)      Unless the court orders otherwise, the clerk will deposit all other money in an interest-bearing account.

 

[Adopted effective February 1, 1991; amended October 29, 2003; amended January 31, 2011]

 


2011 Advisory Committee’s Note to LR 67.1

 

The filing requirements of LR 7.1(a)-(b), Civil Motion Practice, do not apply to motions to deposit money in the court registry. Parties who desire to deposit money into the court registry under Fed. R. Civ. P. 67(a) need only file a motion on the court's ECF system requesting the court to enter an order to deposit money into the court registry and e-mail the presiding judge a proposed order on that motion. Refer to the ECF Guides for information on providing the court with proposed orders.

 

Please note that the court requires the order to deposit money into the court registry to identify the exact amount that will be deposited. If the amount to be deposited changes between when the proposed order is filed and the order is to be entered — because of accrued interest, for example — the moving party must provide the court an amended proposed order identifying the exact amount to be deposited.

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