JAN j 6 2010 - United States District Court
JAN j 6 2010 - United States District Court
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 />
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