Fee.
(a) Required Security. In addition to any security required by law, the
Court, at any time upon good cause shown, may order that security for costs be given
by any party.
(b) Forms of Security. Security for costs must consist of a cash deposit or a
bond, with surety, in the sum of $250.00 unless otherwise ordered. The security must
be conditioned to secure the payment of costs that the posting party may ultimately
be ordered to pay to a party. A corporation authorized by the Secretary of the
Treasury of the United States must be accepted as surety on bonds. A party may raise
objections to the form, amount, or sufficiency of security for costs.
(c) Deposit of Monies. Unless the Court designates a trustee other than the
Clerk of Court or orders other procedures, the following procedure for the deposit of
monies applies:
(1) Upon motion or stipulation and an order of the Court, all monies paid
into the Court must be deposited in the United States Treasury. However, the
Court may direct the Clerk of Court to place the monies in an interest-bearing
account in the Court Registry Investment System (“CRIS”). Funds deposited
with CRIS are considered to be on deposit in the United States Treasury and
thus are not subject to collateralization and insurance requirements applicable
to funds on deposit with local financial institutions.
(2) The monies must be invested in the name of the Clerk of Court
“under order of the United States District Court for the Eastern District of
Wisconsin, Case No. ______.”
(3) The Clerk of Court must file a certified copy of the Court order for
the deposit of the monies with the institution where the monies are invested.
(d) Withdrawal of Monies. The Clerk of Court may only withdraw deposited
monies when directed by a court order.
(e) Registry Fee. The CRIS Administrator will deduct a registry fee from
income earned on registry monies invested in CRIS. The fee will not exceed that
authorized by the Judicial Conference of the United States and set by the Director of
the Administrative Office in accordance with the schedule published periodically by
the Director in the Federal Register. The fee is withdrawn whenever income earned
becomes available and is be deposited in the United States Treasury, without further
order of the Court. This assessment applies to all investments of registry monies.
Committee Comment: Civil L. R. 67 includes former Civil L. R. 67.1-67.4. The
rule has been substantially re-written and unnecessary provisions have been deleted.
Two sentences were deleted from former Civil L. R. 67.2 because the Clerk of
Court’s Office informed the Committee that the provision authorizing persons to serve
as surety in civil actions has not been used. The deleted sentences are: “An individual
resident of the District who owns real or personal property within the District, the
unencumbered value of which is equal to the amount of the bond, may be accepted by
the Court as surety upon a bond. No member of the bar or officer of this Court must be
accepted as surety upon any bond or similar undertaking.” Former Civil L. R. 67.2 is
now designated as Civil L. R. 67(b).
Civil L. R. 67(c) has been redrafted to replace former Civil L. R. 67.3(a) with a
provision that establishes the procedure of former Civil L. R. 67.3(b) as the default
procedure. The change was made because the Clerk of Court’s Office informed the
Committee that the alternative trustee provision has not been used. However, the
introductory clause of Civil L. R. 67(c) continues to provide for designation of an
alternative trustee or alternative procedures, in the event that option would become
necessary or more appropriate in a particular circumstance.
Civil L. R. 67(c) deletes the references to the Federal Savings and Loan
Insurance Corporation Act, repealed on August 9, 1989, and to Federal Savings and
Loan Associations.
The provision of former Civil L. R. 67.3(a)(3) for the deposit of monies in
certificates of deposit has been deleted. To avoid penalties for early withdrawals, the
Clerk of Court does not invest monies in certificates of deposit.
Civil L. R. 67(e) is new. It has been added based on consideration of 11 GUIDE
TO JUDICIARY POLICIES AND PROCEDURES, Chap. VII: Financial Management, 2.7.6
(Administrative Office of Courts Dec. 1999), encouraging courts to adopt local rules
authorizing the Clerk of Court to assess the registry fee and deduct it from the “income
earnings” without the need for a subsequent court direction in each individual case,
because of the statutory requirement that no money may be withdrawn from the
registry without a Court order). The language of Civil L. R. 67(e) is based on the
sample local rule in Exhibit I-5 in the GUIDE.
In 2013, the Clerk’s Office for the Eastern District of Wisconsin enrolled in the
Court Registry Investment System “CRIS,” administered by the Administrative
Office of the United States Courts. The changes to Civil L. R. 67 are made to effectuate
participation in the CRIS program. Under this program, the Clerk’s Office will
deposit registry funds into the United States Treasury in accordance with 13 GUIDE
TO JUDICIARY POLICY Chap. 3: Receipting & Collections (Administrative Office of the
Courts Dec. 2014)..
IX. SPECIAL PROCEEDINGS [Reserved]
X. DISTRICT COURTS AND CLERKS:
CONDUCTING BUSINESS; ISSUING ORDERS
