UTCR 1.120

(1) The trial court administrator will not disburse monies without order of the court in

any instance where the trial court administrator is unable to determine any of the

following:

(a) The amount to be disbursed including, but not limited to, instances where the

trial court administrator is required to calculate interest, past payments, or

proceeds remaining from a sale.

(b) The specific party or parties to whom the trial court administrator is to

disburse monies.

(2) In any instance described under subsection (1), the trial court administrator must

give notice to the presiding judge and to any parties the trial court administrator

can reasonably determine might have an interest in the monies. The following

apply to notice under this subsection:

(a) Notice must be in writing.

(b) Notice must include all the following to the extent possible: an indication that

it is being given under this section, the amount of the money in question,

identification of the source from which the trial court administrator received

the money, a copy of any document received with the money, a description of

the circumstances of receiving the money, identification of any case to which

the trial court administrator can determine the monies may be related, and a

description of the reasons for not disbursing monies.

(c) The trial court administrator shall enter in the register the fact of giving the

notice, the time of giving notice, the manner of giving notice, and the persons

to whom notice was given.

(3) At any time the trial court administrator does not disburse monies for reasons

described under subsection (1) of this section or for any other reason, the court or

any person with an interest in the money may submit a motion for an order to

disburse the monies. The following apply to a motion under this subsection:

(a) Notice of the motion must be given to persons which the submitting party

reasonably determines might have an interest in the money.

(b) The motion must indicate that it is being submitted under this section.

(c) The motion must include all the following: an explanation of the party’s

interest in the money, supporting mathematical calculations showing the

amount of money that should be disbursed, any supporting documentation or

affidavits that might assist the court in its determination, the name and

address of the person to whom the monies should be disbursed, a proposed

order to disburse.

(d) If the person filing the motion has previously appeared in the proceeding, no

fee is required for filing the motion. If the person filing the motion has not

previously appeared in the proceeding, the person must pay the first

appearance fee required by statute.

(4) If the court determines money is to be disbursed, the court must enter an order to

disburse directing specific amounts of money held by the trial court administrator to

be disbursed and specific persons to whom the trial court administrator is to

disburse the monies.

(5) A trial court administrator must hold any monies subject to this section in the court

trust account and follow the established accounting procedures until the trial court

administrator receives the order to disburse.