Whenever a party seeks a court order for the distribution of funds which have been
invested by the Court, the party shall file a motion and attach a proposed order with the Court,
“Order of Disbursement,” in the form provided in Appendix E-1, which directs the Clerk to
withdraw principal plus interest accrued less the CRIS fee of an annualized 10 basis points on
assets on deposit in the CRIS for the management of investments in the CRIS. Per the Court’s
Miscellaneous Fee schedule, the CRIS fee is assessed from interest earnings to the pool of
investments before a pro rata distribution of earnings is made to court cases. After filing the
proposed order but prior to signature by the Judge for whom the order is prepared, the proposed
order will be forwarded to the Finance Department for review to ensure compliance with this
rule.
When a party seeks a court order for the distribution of interpleader funds which have
been invested by the Court pursuant to 28 U.S.C. § 1335, the party shall file a motion and attach
a proposed order with the Court, “Order of Disbursement 28 U.S.C. § 1335 Interpleader Funds,”
in the form provided in Appendix E-2, which directs the custodian of the DOF fund to withdraw
principal plus interest accrued less the DOF fee of an annualized 20 basis points on assets on
deposit in the DOF fund for the management of investments and tax administration. The DOF
fee is assessed from interest earnings to the pool of investments before a pro rata distribution of
earnings is made to court cases. After filing the proposed order but prior to signature by the
Judge for whom the order is prepared, the proposed order will be forwarded to the Finance
Department for review to ensure compliance with this rule.
All motions for disbursement of registry funds shall specify the principal sum initially
deposited, the amount(s) of principal funds to be disbursed, and to whom the disbursement is to
be made. Each proposed order shall contain the following language: “... the Clerk is authorized
and directed to draw a check(s) on the funds deposited in the registry of this Court in the
principal amount plus all accrued interest, less any statutory users fees, payable to (name of
payee) and mail or deliver the check(s) to (name of payee).” If more than one check is to be
issued pursuant to a single order, the portion of principal and interest due each payee must be
separately stated.
The IRS Form W-9 is to be provided to the Clerk of Court or Financial Deputy and
shall not be filed electronically or scanned into the Court’s electronic filing system.
Last revised 9/19/2018. See Historical Notes for full revision history.
