Motion for Interpleader Deposit

Friday, March 24, 2017

Pursuant to the Order Regarding Deposit And Investment Of Registry Funds dated December 1, 2016, the Court is standardizing its procedure for Interpleader funds deposited under 28 U.S.C. § 1335.  The Court has posted a model motion (Motion for Interpleader Depost - located on the forms page) and order (Order for Interpleader Deposit - located on the forms page)for use in these instances.  The model motion and order may be edited by a filer to fit specific circumstances of a particular case where Interpleader funds are sought to be deposited. However, in all instances where 28 U.S.C. § 1335 applies, the motion must be titled as follows: MOTION FOR INTERPLEADER DEPOSIT (28 U.S.C. SECTION 1335).  Further, all proposed orders where 28 U.S.C. § 1335 is averred to apply must contain the standard language from the model order which allows a finding by the Court as to whether or not the funds meet the definition of "Disputed Ownership Funds" under 26 C.F.R. 1.468B-9(b). For your convenience, an Electronic Learning Module regarding this topic has been posted to the Court's training webpage.