LR6-107 NMRA

Local Rule LR6-107. District court clerk's trust and litigant accounts.

Last amended: 2016Year: 2016Length: 315 wordsOfficial source
[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.
LR6-107 NMRA: Local Rule LR6-107. District court clerk's trust and litigant accounts. | Justis AI