Funds may be disbursed from the registry of the court only upon order of a judge of this court.
Counsel must file a motion for disbursement and must satisfy the court of the recipient’s
entitlement to the funds sought to be disbursed.
A motion for disbursement of registry funds must be accompanied by a certification of the
moving party that the motion and proposed order have been submitted to the clerk for review.
Before the signing of the order, the clerk will certify to the judge that the motion and proposed
order comply with the requirements of the local rules and will state the principal amount held in
the registry account.
A motion for disbursement of registry funds must 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. Counsel must also provide the Social Security number or Tax I.D.
number for each payee and complete mailing or delivery instructions for each payee.
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. The moving party must verify that the
funds have been paid within a reasonable time. [Amended February 1, 2011]
LOCAL CIVIL RULE 72 - MAGISTRATE JUDGES;
PRETRIAL ORDERS
