Massachusetts Motion to Withdraw Funds from the Court's Registry

State:
Multi-State
Control #:
US-03349BG
Format:
Word; 
Rich Text
Instant download

Description

A court may, on proper application, permit a party in the possession of money (or other valuable item capable of delivery) to deposit the money in court for various reasons including:


" to relieve the depositor of the responsibility of the funds;

" to avoid placing one party at a severe advantage during the period of litigation; and

" to preserve the funds in controversy to ensure that the prevailing party may receive the money it is awarded.

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FAQ

Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.

A Motion for Reconsideration shall be based on (1) newly discovered evidence that could not be discovered through the exercise of due diligence before the original motion was filed; (2) a change of relevant law; or (3) a particular and demonstrable error in the original ruling or decision.

The Court Registry handles deposits of: Funds for a minor awarded in a District Court case. The Court Registry will hold this money in trust until the minor turns 18 or upon further order of the court. Invested funds earn interest while uninvested funds do not.

In order to deposit funds in the registry of the Court a party must present an order of the Court authorizing the deposit. If the money is to be deposited in an interest bearing account, the order must specify that it is to be deposited in an interest bearing account.

You can contact the court clerk of the specific county where your case was filed to ask if there is a particular form that they require. If there is no required form, then you would file the Motion and Order to Withdraw Funds in the Registry of the Court.

Disbursements. Disbursements are pursuant to Court Order or Florida Statutes. Upon receipt of a Court Order or Florida Statutes, a request to the Accounting department is prepared by the Clerk. After preparation of the request, disbursements are usually mailed within 15 working days.

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Massachusetts Motion to Withdraw Funds from the Court's Registry