LR6-107 NMRA
Local Rule LR6-107. District court clerk's trust and litigant accounts.
[Related Statute NMSA 1978, §34-6-36 and Related Statewide Rule 1-102 NMRA]
A. Tendering money into court’s registry. The district court clerk shall not
disburse or accept any money except under court order or statute. Any tender of money
to the district court clerk shall be in the form of a money order, certified check, or cash,
or, at the sole discretion of the district court clerk, by attorney’s trust check.
B. Interest bearing accounts. The district court clerk is authorized under Rule 1-
102 NMRA to set up and open separate interest-bearing accounts to be known as the
“district court clerk’s trust account” and the “litigant account”, with any authorized bank
or savings and loan association in Grant County, New Mexico, for Grant County cases;
in Luna County, New Mexico, for Luna County cases; and in Hidalgo County, New
Mexico, for Hidalgo County cases, for the purpose of depositing litigants’ funds and
producing the best authorized interest on those funds. When funds are to be placed in
an interest-bearing account the party who will receive the interest must furnish the
district court clerk with the name, mailing address, and social security number or
employer identification number of the party to whom payment is to be made, utilizing
IRS Form W-9 (Request for Taxpayer Identification Number and Certification). The IRS
Form W-9 may be downloaded from the government’s website.
C. Disbursement of funds.
(1)
Orders of disbursement shall specifically provide what disposition is to be
made as to any accrued interest on the funds held as provided by Rule 1-102 NMRA.
(2)
Disbursement of monies held in the district court clerk’s litigants’ account
shall be on court order only. Disbursements shall be made forthwith on the order of the
court unless the order otherwise states.
(3)
All disbursement orders will be reviewed and verified by the district court
clerk before going to the judge for approval.