Appendix X
New 6-1-2006
COPY

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

U.S. DISTRICT COURT LOCAL RULES – RULES APPLICABLE TO CIVIL PROCEEDINGS

LR Cv 67 PARTIES' FUNDS DEPOSITED WITH CLERK OF COURT

(a) Procedure for Deposit of Funds.

(1) Any party who seeks to deposit funds into the Registry of the Court pursuant to Title 28 U.S.C. § 2041 or Fed. R. Civ. P. 67 or other rule or law must first file a motion in the form required by LR Cv 7. The motion must be accompanied by a proposed order specifying the amount of funds to be deposited, the name and address of a local financial institution into which the funds are to be deposited, and the type of account desired. The financial institution and the type of account must be approved in advance by the Clerk of Court.

(2) The motion and proposed order shall be served on all other parties of record in the case.

(3) Upon the granting of the motion, the party shall promptly deliver to the Clerk’s Office a check for the amount to be deposited, together with a copy of the signed order.

(b) Procedure for Withdrawals and Fund Transactions. Any party seeking to withdraw monies from the Registry of the Court must file and serve a motion for the withdrawal of monies from the Registry, together with a proposed order stating the exact amount to be disbursed to each party, and each party’s name, address and tax identification number.
All transactions regarding Registry funds shall be made only with the approval of the Court.

(c) Deduction of Court Fees. Any order obtained by a party that directs the Clerk to invest in an interest-bearing account or investment funds deposited in the Registry of the Court shall contain wording which directs the Clerk to deduct from the income earned on the funds deposited or invested a fee in the amount of ten percent (10%) of the income earned, whenever such income becomes available for such deduction, and without further order of the Court. Such a provision shall be included in the order regardless of the nature of the case in which the deposit was made.

CROSS-REFERENCES
See Local Rule 7 (Motions).
See also 28 U.S.C. §§2041-2043 (deposit and withdrawal of court registry funds).