Rule
4-301. Trust Accounts.
Intent:
To establish a procedure for the disposition
of interest on trust accounts pursuant to the Utah Code.
Applicability:
This rule shall apply to the judiciary.
Statement of the Rule:
(1) Unless otherwise provided by this rule,
interest on trust accounts accrues to the state.
(2) Accrual of interest on trust account to
a litigant.
(2)(A) For trust amounts in excess of
$5,000, the court may order or the litigant may request that such funds be
deposited in an interest bearing trust account.
(2)(B) No interest bearing trust account
will be established until a litigant completes and files with the court an
Interest Bearing Trust Agreement.
(2)(C) The interest bearing trust account
shall be at an institution designated by the administrative office unless
otherwise ordered by the court. The account shall be maintained in the name of
the court, and the State tax identification number of the litigant(s)
depositing the funds shall be used.
(2)(D) An administrative fee, in an amount
established by the Council, shall be assessed.
(2)(E) The court shall, in all orders
providing for the withdrawal of trust funds, designate the person or entity to
whom the earned interest is awarded.