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JAN j 6 2010 - United States District Court

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disbursement of funds from the registry, the litigant shall advise the<br />

<strong>Court</strong> as to the proper recipient of any earned interest and prior to the<br />

release of funds shall provide the Clerk of the <strong>Court</strong>'s Financial<br />

Administrator or other designated deputy clerk with the proper tax number<br />

or tax status of the recipient for subsequent reporting to the Internal<br />

Revenue Service.<br />

&r-idl Upon the issuance of any Order of Disbursement on the <strong>Court</strong><br />

registry, the concerned party shall provide a copy of such Order to the<br />

Clerk of the <strong>Court</strong>'s Financial Administrator or other designated deputy.<br />

&r(e) The Clerk of the <strong>Court</strong> shall assess a user's fee as promulgated by<br />

the Judicial Conference of the <strong>United</strong> <strong>States</strong> on deposits in the<br />

interest-bearing <strong>Court</strong> registry. Such fees shall be deducted at<br />

disbursement and be deposited into a special fund established to<br />

reimburse the Judiciary for maintaining registry accounts.<br />

r^-(f) Nothing in this rule shall prevent the <strong>Court</strong> from granting the<br />

motion of interested parties for special arrangements for investment of<br />

funds. If such investments are in the name of or assigned to the Clerk<br />

of the <strong>Court</strong>, the account will be subject to the collateral provisions of<br />

Treasury Circular 176 (31 C.F.R. § 202) and the requirements of Local<br />

Rule 67.1^B^-(b) as well as other applicable statutes, orders, rules and<br />

requirements of the <strong>Court</strong>.<br />

G?-(g) In any case where an Order of <strong>Court</strong> directs the Clerk of the <strong>Court</strong><br />

to handle a specific investment in a different manner than Section €(c)<br />

of this Local Rule, the interested party shall serve a copy of the Order<br />

upon the Clerk of the <strong>Court</strong> personally or a deputy clerk specifically<br />

designated in accordance with the wording of Federal Rule of Civil<br />

Procedure 67, to-wit:<br />

"The party making the deposit shall serve the Order permitting deposit on<br />

the Clerk of this <strong>Court</strong>."<br />

S^() A party applying for the issuance of a writ of garnishment shall<br />

deposit the amount prescribed by applicable Florida law in the non-<br />

interest bearing registry of the <strong>Court</strong>. The deposit is for the<br />

attorneys' fees of the garnishee. Once deposited, those monies shall be<br />

disbursed as follows:<br />

The Clerk of the <strong>Court</strong> shall pay such deposit to the garnishee (or<br />

garnishee's counsel, if so requested) for the payment or partial payment<br />

of attorney's fees which the garnishee expends or agrees to expend in<br />

obtaining representation in response to the writ. Such payment shall be<br />

made upon the garnishee's demand, in writing, at any time after the<br />

service of the writ, unless otherwise directed by the <strong>Court</strong>.<br />

3-^(2) in cases of a pre-judgment writ of garnishment, if the garnishee<br />

fails to make written demand within sixty (60) days of the conclusion of<br />

the case, including all appeals, the Clerk of the <strong>Court</strong> shall return such<br />

deposit to the depositing party (or their counsel) without further order<br />

or request, unless otherwise directed by the <strong>Court</strong>.<br />

62

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