US · rules

W.D. Ark. Local Rule 67.1

Deposit of Registry Funds by the Clerk in Interest-Bearing Accounts

activein force · 2016-12-01 – presentact-effective-date

(a) All funds deposited in the Registry of this Court, pursuant to 28 U.S.C. §2041 shall be deposited

with the Treasurer of the United States through the Federal Reserve Bank or a depository

designated by him to receive the Registry funds. Thereafter the investment of any such funds in

interest-bearing instruments in accordance with the following provisions shall be at the initiative

of the interested party or parties through counsel of record. It is counsel's responsibility to see that

the provisions of this rule are complied with.

(b) Pursuant to Rule 67, Fed.R.Civ.P., counsel shall apply to the judge to whom the case is assigned for

an order directing the Clerk to accept the funds for deposit and to invest the funds in an interest-bearing instrument in a financial institution insured by the FDIC. The Order will include the

following:

(1) The amount to be invested;

(2) The type of account or instrument in which funds are to be invested (i.e., certificate of

deposit or treasury bills, etc.);

(3) The length of the term of investment; and

(4) Wording which directs the Clerk to deduct from the income earned on the investment a fee,

not exceeding that authorized by the Judicial Conference of the United States and set by the

Director of the Administrative Office.

Court, it shall be the responsibility of counsel to cause a copy of such Order to be served personally

upon the Clerk of the Court, or on the Chief Deputy Clerk, in the absence of the Clerk, AND on the

Financial Deputy.

(d) The Clerk shall take all reasonable steps to assure that the funds are invested as quickly as the

business of the Clerk's office will allow.

(e) The party obtaining the Order directing the investment of funds at interest will verify that the Clerk

has invested the funds as directed.

(f) Failure of the party to personally serve a copy of the Order to invest funds as specified in this

Rule, or failure to verify that the funds have been invested pursuant to this Rule, shall release the

Clerk and any of his deputies from any liability for loss of interest which could have been earned

on the funds.

(g) Early withdrawal of funds from interest-bearing instruments which result in a loss of interest

penalty will be the sole responsibility of counsel making the request.

(h) Under no circumstances shall counsel purchase an interest-bearing instrument in his own name or in

the name of the Clerk for subsequent deposit into the Registry. This is the sole responsibility of

the Clerk of the Court or his designated deputy.

(i) Interest-bearing instruments shall not, under any circumstances, be endorsed by the Clerk of the

Court to a payee. Prior to disbursement, interest-bearing instruments must be converted to a

cashier's check and deposited with the Treasurer of the United States for subsequent payment.

(j) Funds deposited in the Registry Account by personal or corporate check, whether or not the funds

are to be invested in an interest-bearing account, shall be received subject to collection. Said

monies shall not be paid from the Registry for a period of three (3) weeks after receipt therefor.

(k) Pursuant to 28 U.S.C. §2042, disbursement of funds held in the Registry of the Court will be made

only upon Order of the Court.

(l) The Clerk shall be allowed seven (7) business days following receipt of an order for disbursement

of funds from the Registry Account, subject to the above paragraph (j).

(m) Pursuant to notice published in the October 24, 1990, edition of the Federal Register, the Clerk of the

district court is required to assess a fee for handling funds deposited with the court in criminal

and non-criminal proceedings held in interest-bearing accounts. The fee will be a charge of 10%

of the income earned regardless of the nature of the case underlying the investment. The fee is

effective with deposit of funds received on or after December 1, 1990.

The Clerks of the United States District Court for the Eastern and Western Districts of Arkansas

shall deduct the 10% fee1 on interest earned prior to any distribution without further order of the

Court for subsequent deposit to the Treasurer of the United States.

History

Adopted and effective July 14, 1986 Amended March 26, 1992 Amended November 10, 2009 1 Interpleader funds under U.S.C. §1335 meet the IRS definition of a “Disputed Ownership Fund” (DOF), a taxable entity that requires tax administration. Unless otherwise ordered by the court, interpleader funds shall be deposited in the DOF established within the Courts Registry Investment System (CRIS) and administered by the Administrative Office of the United States Courts (Director is the Custodian). The Custodian is responsible for meeting all DOF tax administration requirements and, effective December 1, 2016, is authorized to deduct a fee of 20 basis points on assets on deposit in the DOF, assessed from interest earnings. See District Court Miscellaneous Fee Schedule. LOCAL RULE 71A.1 LAND CONDEMNATION PROCEEDINGS (a) For each trial unit (that is, an ownership or economic unit for which just compensation is required by substantive law to be separately determined in a single sum), there shall be a separate civil action. The condemning authority shall make the initial determination of the identity of such trial units but this determination shall be subject to revision by the Court as the interests of justice and the convenient administration of this business of the Court may require. A single declaration of taking, complaint, or notice of condemnation may include one or more tracts, trial units or ownerships. Where a complaint, declaration of taking and notice of condemnation including more than one trial unit are filed, the Clerk shall establish a civil action file for each trial unit and shall file the initial pleadings in the lowest numbered civil action file. Higher numbered civil action files shall bear a notation indicating the place where such documents are filed. Any pleading, motion, order, or other document filed at the time of or after the filing of the complaint, notice of condemnation or declaration of taking which affects all trial units may be filed by the Clerk in such file only, but the condemning authority may, and at the direction of the Court shall, furnish to the Clerk additional copies for filing in the other civil action files. Condemnation civil action files shall be numbered consecutively in the same sequence with other civil actions. The complaint and notice of condemnation shall indicate, by tabulation or otherwise, what lands are included in each civil action. When a condemnation complaint, declaration of taking and notice of condemnation involve more than one civil action, all of the civil action numbers involved shall be included in the captions of those documents. (b) At the request of the attorney for the condemning authority, upon the filing of a declaration of taking, the Clerk shall forthwith assign civil action numbers as may be required for each trial unit, and the condemning authority shall proceed to file the complaint, notice of condemnation, and other initial pleadings expeditiously and in any event within seven days. (c) Pleadings and other documents in a condemnation case need not be typed but may be produced by any process which produces documents substantially equivalent in size and legibility to typewriter ribbon copy prepared in conformity with Rule 5.5 of these rules. When a pleading so produced is filed, the original shall be signed by the attorney for the party filing it and the signed original shall be labeled as such on its face in some conspicuous manner. (d) When a condemnation case involving more than one civil action is filed, each civil action shall be assigned randomly to a judge in the manner of assignment of ordinary civil actions; but any motion affecting all or several of such civil actions may be presented to the judge to whom is assigned the first of such civil actions affected, or in the absence of that judge to the judge to whom the second is assigned, and so on until a judge is available. (e) Civil actions in condemnation cases may be set for trial of the issue of just compensation, or for hearings or trials of other issues, singly or in groups as may be convenient to the Court and parties. When set in groups, no consolidation is required, but the Court shall give such instructions, require such forms or numbers of verdicts, and make such findings and orders as shall preserve the rights of all the parties under substantive law. Adopted and effective May 1, 1980 Revised effective August 3, 1981 Amended November 10, 2009

Provenance

Source: www.arwd.uscourts.gov
Retrieved: 2026-09-18
Edition: fed-district-2026-09-19
Content hash: 38204ada012d41feeb1d3e4689ffc2c18f53f1e498b381f4fe1e6cd9a3365b8b

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