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United States District Court
Middle District of Florida
ADMIRALTY AND MARITIME PRACTICE MANUAL
This manual is the work product of lawyers and judges from around the district, with special
thanks to the Middle District’s Admiralty and Maritime Practice Committee. This manual,
consistent with the law and rules of the United States, governs admiralty and maritime practice
in this district. This manual was last updated on October 30, 2020.
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Table of Contents
1. General Provisions ...................................................................3
2. In Personam Actions: Attachment and Garnishment .................5
3. Action In Rem .........................................................................8
4. Possessory, Petitory, or Partition Action.................................. 12
5. Action In Rem and Quasi In Rem: General Provisions ............ 13
6. Action to Limit Liability ......................................................... 30
7. Appendix of Forms ................................................................ 31
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1. General Provisions
(a) Scope and Application. This manual complements the
Supplemental Rules for Admiralty or Maritime Claims and governs admiralty
and maritime practice in this district. This manual cites as Section __ when
referring to other sections within this manual.
(b) “In Admiralty” Designation. In an action containing an
admiralty or maritime claim, a party’s first pleading must state underneath the
case number “In Admiralty.”
(c) Verification. Every complaint and claim filed under
Supplemental Rules B, C, or D must be verified by a party or an officer of a
corporate party. If a party or corporate officer is not available, an attorney-in-
fact or the attorney of record may verify a pleading or other paper requiring
verification. The verification must state briefly the source of the knowledge or
information and belief and must declare that the document affirmed is true to
the best of the person’s knowledge or information and belief. Additionally, the
verification must state that the person is authorized to make this representation
on behalf of the party or corporate officer and must state why the representation
is not made by a party or a corporate officer. The verification is deemed made
by the party to whom the document applies as if verified personally. Any
interested party may move for the personal verification of a party or a corporate
officer.
(d) Issuance of Process. Except as limited by Supplemental Rule
B(1) and Section 2(b), Supplemental Rule C(3) and Section 3(a), or an action
prosecuted in forma pauperis, all process must be issued by the court without
further notice.
(e) Publication of Notice. Whenever a notice must be published, the
notice must be published at least once in an approved newspaper in the county
where the vessel or property was located at the time of arrest, attachment, or
seizure, and, if different, in the county within the Middle District of Florida
where the action is pending. An approved newspaper is a newspaper of general
circulation. The newspaper of largest circulation in a county is presumed to be
a newspaper of general circulation in that county.
(f) Form and Return of Process in In Personam Action. Unless
otherwise ordered, process must be by civil summons and must be returnable
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twenty-one days after service of process. However, process issued in accord
with Supplemental Rule B must conform to the requirements of that rule.
(g) Appendix of Forms. The forms in the Appendix illustrate the
format and content of papers filed in an admiralty and maritime action in the
Middle District of Florida. This manual cites the forms as MDF ___.
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2. In Personam Actions: Attachment and Garnishment
(a) Definition of “Not Found Within the District.” In an action in
personam filed under Supplemental Rule B, a defendant is “not found within
the district” if the defendant cannot be served with the summons and complaint
within the Middle District of Florida.
(b) Pre-seizure Requirements.
(1) Court Authorization. In accord with Supplemental Rule
B(1), the process of attachment and garnishment must
issue only after one of these conditions is met:
(A) Judicial Review Before Issuance. Except as
provided in Section 2(b)(1)(B), a judge must first
review the verified complaint and any other relevant
papers before the clerk issues the requested process
of attachment and garnishment. If probable cause
exists, the plaintiff must prepare a proposed order
directing the clerk to issue the process. See MDF
700. Upon receipt of the signed order, the clerk must
issue the summons and process of attachment and
garnishment. The clerk may issue supplemental
process without further order.
(B) Certification of Exigent Circumstances. If the
plaintiff files a written certification that exigent
circumstances make review by the judge
impracticable, the clerk must, in accord with Section
2(b)(2), issue a summons and the process of
attachment and garnishment. At any post-
attachment proceedings under Supplemental Rule
E(4)(f) and Section 2(d), the plaintiff must show that
probable cause existed for issuing process and that
exigent circumstances existed to preclude judicial
review.
(2) Preparation and Issuance of the Process of Attachment
and Garnishment. The plaintiff must prepare the
summons and the process of attachment and garnishment
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and deliver the documents to the clerk for filing and
issuance. The process of attachment and garnishment must
substantially conform to MDF 701 and must give adequate
notice of the post-seizure provisions of Section 2(d).
(3) Marshal’s Return of Service. The Marshal must file a
return of service and, if service was perfected on a
garnishee, the Marshal must state in the return the name,
address, and telephone number of the garnishee.
(c) Notification of Seizure. In an in personam action under
Supplemental Rule B, the plaintiff or garnishee must initially attempt to perfect
service of the notice of seizure in accord with Supplemental Rule B(2)(a) or (b).
When service of the notice cannot be perfected in accord with Supplemental
Rule B(2)(a) or (b), the plaintiff or garnishee must attempt to perfect service in
accord with Supplemental Rule B(2)(c). Service of process will be sufficiently
served by leaving a copy of the process of attachment and garnishment with
the defendant or garnishee at the usual place of business.
(d) Post-attachment Review Proceedings.
(1) Filing a Required Answer. Any person who claims an
interest in property seized under Supplemental Rule B
must file an answer and claim against the property. The
answer and claim must describe the nature of the
claimant’s interest in the property and must state why the
seizure should be vacated. The claimant must serve a copy
of the answer and claim on the plaintiff, the Marshal, and
any other party. The claimant must also file a certificate of
service.
(2) Hearing on the Answer and Claim. The claimant may be
heard no sooner than three days after the claimant files and
serves the answer and claim. If the judge vacates the
seizure, the judge may also award attorney’s fees, costs,
and other expenses incurred by any party as a result of the
seizure. If the seizure was predicated on showing “exigent
circumstances” under Section 2(b)(1)(B) and the judge
finds that such exigent circumstances did not exist, the
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judge may award attorney’s fees, costs, and other expenses
incurred by any party as a result of the seizure.
(e) Procedural Requirements for the Entry of Default. A party
seeking the entry of default in a Supplemental Rule B action must file a motion,
a legal memorandum, and other proof sufficient to demonstrate notice in
accord with Section 2(c). If appropriate, the clerk must enter a default and serve
notice of the default on all parties.
(f) Procedural Requirements for the Entry of Default Judgment.
Neither sooner than seven days nor later than thirty days after notice of the
default, the party seeking the entry of default judgment must file a motion, a
legal memorandum, and other proof sufficient to support default judgment.
The moving party must serve these papers on every other party and file a
certificate of service. If the judge grants the motion and enters the default
judgment, the judgment must establish a right for the party in whose favor
judgment is entered. The judgment must be considered before any claim of the
owner of the defendant property against which it is entered; provided, however,
that the judgment does not establish any entitlement to priority over non-
possessory lien claimants. Obtaining a judgment by default does not preclude
the judgment creditor from proving that any portion of a claim within the
judgment is prior to any such non-possessory lien claims.
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3. Action In Rem
(a) Pre-seizure Requirements.
(1) Court Authorization. In accord with Supplemental Rule
C(3), the process of arrest in rem must issue only after one
of these conditions is met:
(A) Judicial Review Before Issuance. Except as
provided in Section 3(a)(1)(B), a judge must first
review the verified complaint and any other relevant
papers before the clerk issues the warrant of arrest or
summons in rem. If probable cause exists, the
plaintiff must prepare an order directing the clerk to
issue a warrant of arrest or summons. See MDF 702.
Upon receipt of the signed order, the clerk must
issue the warrant of arrest or summons in accord
with Section 3(a)(2). The clerk may issue
supplemental process without further order.
(B) Certification of Exigent Circumstances. If the
plaintiff certifies that exigent circumstances make
review by the judge impracticable, the clerk must
issue a warrant of arrest or summons. At any post-
arrest proceedings under Supplemental Rule E(4)(f)
and Section 3(f), the plaintiff must show probable
cause existed for issuing process and exigent
circumstances precluded judicial review.
(2) Preparation of the Warrant of Arrest or Summons. The
plaintiff must prepare and file the warrant of arrest or
summons. The warrant of arrest must substantially
conform to MDF 703 and must give adequate notice of the
post-arrest provisions of Section 3(f).
(b) Requirements if Action Involves Freight, Proceeds, or
Intangible Property.
(1) Instructions to be Contained in the Summons. Unless
otherwise ordered, the summons must order the person
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having control of the freight, proceeds, or intangible
property to either:
(A) File a claim in accord with Section 3(e)(1) within
fourteen days after service of the summons; or
(B) Deliver or pay the Marshal, the freight, proceeds, or
intangible property sufficient to satisfy the plaintiff’s
claim.
The summons must also inform the person
controlling the freight, proceeds, or intangible
property that service of the summons has the effect
of arresting the property, thereby preventing the
release, disposal, or other distribution of the
property without prior order.
(2) Requirements for Claims to Prevent the Delivery of
Property to the Marshal. Any claim filed in accord with
Supplemental Rule E(4) and Section 3(e)(1) must describe
the interest in the property and must state why the seizure
should be vacated. The claimant must serve the claim on
the Marshal and all parties and file a certificate of service.
(3) Delivery or Payment of the Freight, Proceeds, or
Intangible Property to the Marshal. Unless a claim is filed
in accord with Supplemental Rule E(4)(f) and Section
3(e)(1), any person served with a summons must, within
fourteen days after service, deliver or pay over to the
Marshal the freight, proceeds, or intangible property
sufficient to satisfy the plaintiff's claim. Unless otherwise
ordered, the person tendering control of the freight,
proceeds, or intangible property will be excused from
further duty.
(c) Publishing Notice of the Arrest as Required by Supplemental
Rule C(4).
(1) Time for Publication. If the property is not released within
fourteen days, the notice required by Supplemental Rule
C(4) must be published by the plaintiff in accord with
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Section 1(e). The notice must be published within twenty-
one days after execution of process. See MDF 706.
(2) Proof of Publication. The plaintiff must file proof of
publication not later than fourteen days after the last day
of publication. Proof of publication must include the sworn
statement by or on behalf of the publisher or editor, the
dates of publication, and a copy of the actual publication.
(d) Undertaking in Lieu of Arrest. If a party accepts any written
undertaking to respond on behalf of the vessel or other property in return for
foregoing the arrest, the undertaking must be substituted for the vessel or other
property sued in rem. The undertaking must be referred to under the name of
the vessel or other property in any pleading, order, or judgment. The
undertaking must only respond to orders or judgments in favor of the party
accepting the undertaking, and any parties expressly named therein, to the
extent of the benefit thereby conferred.
(e) Time for Filing Claim or Answer. Unless otherwise ordered,
any claimant of property subject to an action in rem must:
(1) File the claim within fourteen days after process is
executed or fourteen days after the publication of the notice
of arrest, whichever is later; and
(2) Serve the answer within twenty-one days after the filing of
the claim.
(f) Post-arrest Proceedings. Coincident with filing a claim under
Supplemental Rule E(4)(f) and Section 3(e)(1), the claimant may also file a
motion and proposed order directing the plaintiff to show cause why the arrest
should not be vacated. If the judge grants the motion, the order must set a date
and time for a show cause hearing. If the judge orders the arrest to be vacated,
the judge may award attorney’s fees, costs, and other expenses incurred by any
party as a result of the arrest. If the seizure was predicated on showing “exigent
circumstances” under Section 3(a)(1)(B) and the judge finds that exigent
circumstances did not exist, the judge may award attorney’s fees, costs, and
other expenses incurred by any party as a result of the seizure.
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(g) Procedural Requirements Before the Entry of Default.
(1) The Party’s Filings. A party seeking the entry of default in
rem must file a motion and legal memorandum. The party
seeking the entry of default must also file other proof of:
(A) Service on the master or other person having custody
of the property;
(B) Delivery, or by certified mail return receipt
requested (or the international equivalent), to every
other person who is known to claim a possessory
interest in the property. The party seeking entry of
default judgment under Section 3(h) may be excused
for failing to give notice to every “other person”
upon a satisfactory showing that diligent effort was
made to give notice without success; and
(C) Publication as required by Supplemental Rule C(4)
and Section 3(c), at least seven days before the party
seeking entry of default.
(2) The Clerk’s Entry of Default. Upon review of the motion,
memorandum, and other proof, the clerk, may, where
appropriate, enter default. The clerk must serve notice of
the entry of default on all parties.
(h) Procedural Requirements for the Entry of Default Judgment.
Neither sooner than seven days nor later than thirty days after the entry of
default, the moving party must file a motion, a legal memorandum, and
documents supporting the entry of default judgment. If the judge grants the
motion, such judgment establishes a right on the part of the party in whose
favor it is entered. No default judgment will operate to adjudicate priorities
among competing non-possessory lien claimants. Obtaining a judgment by
default does not preclude the party in whose favor it is entered from proving
any portion of a claim within the judgment is prior to any such non-possessory
lien claim.
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4. Possessory, Petitory, or Partition Action
(a) Date for the Return of Process. In a possessory action
under Supplemental Rule D, the judge may order that process be
returnable at a time shorter than that prescribed by the Federal Rules
of Civil Procedure. If an order shortens the time, the order must specify
the answer’s due date. The judge may also set a hearing date to
expedite the action.
(b) Service of Notice. Notice of a possessory, petitory, or
partition action under Supplemental Rule D must be made in accord
with Section 1(e).
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5. Action In Rem and Quasi In Rem: General Provisions
(a) Statement of Itemized Damages and Expenses. Every complaint
in a Supplemental Rule B or C action must state the amount of the debt,
damages, or salvage. The complaint must also specify the amount of any
unliquidated claims, including attorney’s fees.
(b) Requirements and Procedures for Effecting Intervention.
Whenever a vessel or other property is arrested or attached in accord with any
Supplemental Rule and the vessel or property is in the custody of the U.S.
Marshal or duly authorized substitute custodian, any other person having a
claim against the vessel or property must present the claim by:
(1) Intervention of Right When No Sale of the Vessel or
Property Pending. Except as limited by Section 5(b)(2),
any person having a claim may file an intervening
complaint before an order scheduling the sale. Coincident
with filing an intervening complaint, the offering party
must file a supplemental warrant of arrest or a
supplemental process of attachment and garnishment.
Upon receipt of the intervening complaint and
supplemental process, the clerk must conform a copy of the
intervening complaint and must issue the supplemental
process. The offering party must deliver the conformed
copy of the intervening complaint and supplemental
process to the Marshal for execution. Upon receipt of the
intervening complaint and supplemental process, the
Marshal must re-arrest or re-attach the vessel or property
in the name of the intervening plaintiff. Counsel for the
intervening party must serve a copy of the intervening
complaint and copies of all process and exhibits on all
other counsel of record. Counsel for the intervening party
also must file a certificate of service.
(2) Permissive Intervention When the Vessel or the Property
Scheduled for Sale. Subject to any other section or order,
no person has an automatic right to intervene in an action
when the judge orders the sale of the vessel or property and
the date of the sale is set within fourteen days from the date
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the intervening party moves for permission to intervene.
The person seeking permission to intervene must:
(A) File a motion to intervene and request an expedited
hearing;
(B) Include a copy of the anticipated intervening
complaint as an exhibit;
(C) Include a proposed supplemental warrant of arrest
or a supplemental process of attachment and
garnishment;
(D) Serve copies of the motion to intervene, exhibits,
and proposed supplemental process on every other
party; and
(E) File a certificate of service.
The judge may permit intervention under terms
equitable to the interests of all parties. If intervention
is permitted, the judge must direct the clerk to issue
the supplemental process. Upon receipt of the order
permitting intervention, the clerk must file the
originally signed intervening complaint, conform a
copy of the intervening complaint, and issue the
supplemental process. The offering party must
deliver the conformed copy of the intervening
complaint and supplemental process to the Marshal
for execution. Upon receipt of the intervening
complaint and supplemental process, the Marshal
must re-arrest or re-attach the vessel or property in
the name of the intervening plaintiff.
(c) Special Requirements for a Salvage Action. In a salvage action,
the complaint must state, to the extent known, the value of the hull, cargo,
freight, and other property, the amount claimed, the names of the principal
salvors, and that the action is filed on behalf of the principal salvors and all
other persons associated with them. In addition to these special pleading
requirements, the plaintiff must attach as an exhibit to the complaint a list of
all known salvors, and all persons believed entitled to share in the salvage. The
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plaintiff must also attach a copy of any agreement of consortship available and
known to exist among them.
(d) Form of Stipulation or Bond. Stipulations or bonds in an
admiralty and maritime action need not be under seal and may be executed by
the agent or attorney of the stipulator or obligor. A stipulation for costs with
corporate surety need not be signed or executed by the party but may be signed
by the party’s agent or attorney. In an action filed by the United States, a
stipulation or bond is not required.
(e) Stipulation for Costs.
(1) Seaman’s Wage Claim. A seaman wage claim may be
filed without posting a stipulation for costs.
(2) Security for Costs. In an action under the Supplemental
Rules, a party may move upon notice to all parties for an
order to compel an adverse party to post security for costs
under Supplemental Rule E(2)(b). Unless otherwise
ordered, the amount of security must be $250. The party so
ordered must post the security within seven days. A party
who fails to post security may not participate further in the
proceedings. A party may move for an order increasing the
amount of security.
(3) Security for Costs and Limitation of Liability
Proceedings. The amount of security for costs under
Supplemental Rule F(1) must be $250 and it may be
combined with the security for value and interest, unless
otherwise ordered.
(f) Deposit of Marshal’s Fees and Expenses Required Before
Effecting Arrest, Attachment, or Garnishment.
(1) Deposit Required Before Seizure. Any party seeking the
arrest or attachment of property in accord with
Supplemental Rule E must deposit a sum with the Marshal
sufficient to cover the Marshal’s estimated fees and
expenses of arresting and keeping the property for at least
fourteen days. The Marshal does not have to execute
process until the deposit is made.
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(2) Proration of Marshal’s Fees and Expenses. When a party
intervenes, the burden of advancing sums to the Marshal
sufficient to cover the Marshal’s fees and expenses must be
allocated equitably among the original plaintiff and the
intervening party, as explained below:
(A) Stipulation for the Allocation and Payment of the
Marshal’s Fees and Expenses. Immediately upon
filing the intervening complaint, counsel for the
intervening plaintiff must confer with all other
parties in good faith to allocate fees and expenses
among the parties. Any resulting stipulation must be
filed and a copy served on the Marshal.
(B) Proportionate Shares. To determine the
proportionate shares of each party, counsel for the
last intervening plaintiff must determine the total
amounts claimed by each party. The individual
claims must be determined from the original and
amended complaint and all other intervening
complaints subsequently accepted and processed by
the Marshal in accord with Section 5(b)(1) or (2).
Counsel for the last intervening plaintiff must
deliver to the Marshal a list summarizing each
party’s claim and the proportion each party’s claim
bears to the aggregate claims to the nearest one-tenth
of one percentage point.
(C) Marshal’s Estimate of Fees and Expenses. Upon
receipt of this list, the Marshal must determine the
total expenses incurred to date and must estimate
the expenses to be incurred during the next fourteen
days. To make this calculation, the Marshal must
calculate the total fees and expenses from the date
when continuous and uninterrupted arrest or
attachment of the property began, and not prorated
from the date a particular party's intervening
complaint was filed. The Marshal must then apply
the percentages determined in the listing and must
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compute the amount of the intervening party’s
initial deposit requirements. The Marshal must also
utilize this listing to compute any additional deposit
requirements necessary under Section 5(f)(3). The
Marshal need not re-arrest or re-attach the vessel or
property until the deposit is received from the
intervening plaintiff.
(3) Additional Deposit Requirements. Until the property
arrested or attached and garnished is released or otherwise
disposed of in accord with Supplemental Rule E, the
Marshal may require any original and intervening party
who caused the arrest or attachment and garnishment of a
vessel or property to post such additional deposits as the
Marshal determines necessary to cover any additional
estimated fees or expenses.
(4) Judicial Relief From Deposit Requirements. Any party
aggrieved by the deposit requirements of Section 5(f)(2)
may apply for relief. The application must be predicated on
a showing that owing to the relative priorities of the claims
asserted against the vessel or other property, the deposit
requirements operate to impose a burden disproportionate
to the aggrieved party’s recovery potential. The judge may
adjust the deposit requirements, but the proportion
required of an aggrieved party must not be reduced to a
percentage less than that imposed on the claimant whose
claim is the smallest among the claims the aggrieved party
stipulates as having priority over its claim; or, absent such
stipulation, the greatest percentage imposed on any
claimant participating in the deposit requirements.
(5) Consequence of Failing to Comply with Additional
Deposit Requirements. Any party who fails to make the
additional deposit as requested by the Marshal may not
participate further in the proceeding, except to seek relief
under Section 5(f)(4). Additionally, the Marshal must
notify the judge in writing whenever any party fails to make
additional deposits as required by Section 5(f)(3).
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(6) Disputes over Obligations to Marshal. If a party
questions its obligations to advance monies required by this
section, the Marshal or the party may apply to the judge
for instructions concerning that party’s obligation under
the manual.
(g) Property in Possession of a United States Officer. Whenever the
property to be arrested or attached is in the custody of a U.S. officer, the
Marshal must serve the appropriate process on the officer; or, if the officer is
not found within the district, then on the custodian of the property within the
district. The Marshal must direct the officer or custodian not to relinquish
custody of the property until ordered.
(h) Process Held in Abeyance.
(1) When Permitted. In accord with Supplemental Rule
E(3)(b), the plaintiff may ask the clerk not to issue process,
but rather to hold the process in abeyance. The clerk is not
responsible for ensuring process is issued at a later date.
(2) When Intervention Subsequently Required. A vessel or
other property should be arrested or attached by process
issued and effected in only one civil action. If, while
process is held in abeyance in one action, the vessel or
property is arrested or attached in another action, the
plaintiff who requested process be held in abeyance in the
first action must voluntarily dismiss without prejudice the
first action, insofar as that action seeks to proceed against
the property arrested or attached in the second action. The
dismissing party may promptly intervene in the second
action under Section 5(b)(1) or (2). A motion to consolidate
in rem actions against the same vessel or property will be
granted only in exceptional circumstances.
(i) Release of Property in Accord with Supplemental Rule E(5).
(1) Release by Consent or Stipulation. Subject to the
limitations imposed by Supplemental Rule E(5)(c), the
Marshal may release any vessel, cargo, or property to the
party on whose behalf the vessel, cargo, or property is
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detained. As a precondition to release, the Marshal must
require a stipulation, bond, or other security expressly
authorizing the release. The authorizing instrument must
be signed by the party, or the party’s attorney, on whose
behalf the property is detained. The stipulation, bond, or
other security must be posted in an amount equal to, or
greater than, the amount required for these types of action:
(A) Action Entirely for a Sum Certain. The stipulation,
bond, or other security must be the amount alleged
in the complaint, with interest at six percent per
annum from the date claimed to be due to a date
forty-eight months after the date the claim was filed,
or in an amount in an approved stipulation or bond
for the amount alleged plus interest as computed in
this subsection. The stipulation or bond must be
conditioned to abide by all orders and to pay the
amount of any final judgment with interest.
(B) Action Other Than Possessory, Petitory, or
Partition. Unless otherwise ordered, the stipulation,
bond, or other security must equal the appraised or
agreed value of the seized property, with interest. If
an appraised value cannot be agreed upon, the judge
must order an appraisal in accord with Section 6(c).
The stipulation, bond, or other security must be
conditioned to abide by all orders and to pay the
amount of any final judgment with interest. The
person consenting or stipulating to the release must
also file a claim in accord with Section 5(b)(1) or (2).
(C) Possessory, Petitory, or Partition Action. The
Marshal may release property in these actions only
upon order and the subsequent deposit of security
and compliance with such terms and conditions as
the judge deems appropriate.
(2) Release By an Order. In accord with Supplemental Rule
E(5)(c), a party may petition to release the vessel. See MDF
707. Additionally, the party must prepare a proposed order
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directing the release. See MDF 708. As a precondition to
the release, the Marshal must require a stipulation, bond,
or other security, as specified in Section 5(i)(1)(A), (B) or
(C), as appropriate.
(3) Release Upon the Dismissal or Discontinuance of an
Action. The release will occur after coordination with the
Marshal to ensure that all fees and expenses are paid.
(4) Release After Posting a General Bond.
(A) Requirements of a General Bond. General bonds
filed under Supplemental Rule E(5)(b) must identify
the vessel by name, nationality, dimensions, official
number or registration number, hailing port, and
port of documentation.
(B) Responsibility for Maintaining a Current Listing
of General Bonds. The clerk must maintain a
current listing of all general bonds in alphabetical
order by name of the vessel. The listing must be
available for inspection.
(C) Execution of Process. The arrest of a vessel covered
by a general bond must be stayed in accord with
Supplemental Rule E(5)(b), however, the Marshal
must serve a copy of the complaint on the master or
other person in whose charge or custody the vessel
is found. If neither the master nor another person in
charge of custody is found aboard the vessel, the
Marshal must make the return accordingly. The
plaintiff must advise the owner or designated agent,
at the address furnished in the general bond, of the
case number, nature of the action, the amount
claimed, the plaintiff, the name and address of the
plaintiff’s attorney, and the return date for filing a
claim.
(j) Application to Modify Security. Any party having an interest in
the subject matter of the action may move, after notice and for cause, for
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greater, better, or lesser security. An order modifying the security is
enforceable.
(k) Custody and Safekeeping.
(1) Initial Responsibility. The Marshal must initially take
custody of any vessel, cargo, or other property arrested or
attached in accord with this manual. Until such time as a
substitute custodian may be authorized in accord with
Section 5(k)(3), the Marshal must provide adequate and
necessary security for the safekeeping of the vessel or
property. In the discretion of the Marshal, adequate and
necessary security may include placing keepers on or near
the vessel or the appointment of a facility or person to serve
as a custodian of the vessel or property.
(2) Limitations on the Handling, Repairing, and Subsequent
Movement of a Vessel or Property. After the arrest or
attachment of a vessel or property and except as provided
in Section 5(k)(1), no person may handle cargo, conduct
repairs, or move a vessel without an order.
(3) Procedures for Changing Custody Arrangement. Any
party may request to dispense with keepers, to remove or
place the vessel, cargo, or other property at a specified
facility, to designate a substitute custodian for the vessel or
cargo, or for other similar relief. See MDF 704.
(A) Notification of the Marshal Required. When
moving for a change in custody arrangement, either
before or after the Marshal takes custody of the
vessel or property, the filing party must serve notice
of the motion on the Marshal in sufficient time to
permit the Marshal to review any indemnification
and insurance arrangements of the filing party and
the proposed substitute custodian. The filing party
must serve the motion on all other parties to the
litigation.
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(B) Indemnification Requirements. Any motion to
appoint a substitute custodian or facility must
include, as an exhibit to the motion, a consent and
indemnification agreement signed by both the filing
party, or the party’s attorney, and the proposed
substitute custodian. The consent and
indemnification agreement must expressly release
the Marshal from all liability and responsibility for
the care and custody of the property while in the
hands of the substitute custodian and must expressly
hold the Marshal harmless from all claims arising
from the substitute custodianship. See MDF 705.
(C) Court Approval Required. The motion to change
custody arrangement and the indemnification and
consent agreement must be referred to the judge to
determine whether the facility or substitute
custodian can safely keep the vessel, cargo, or
property.
(4) Insurance Requirements.
(A) Responsibility for Initially Obtaining Insurance.
Concurrent with the arrest or attachment of a vessel
or property, the Marshal must obtain insurance to
protect the Marshal, the deputies, the keepers, and
the custodians from liability arising from the arrest
or attachment. The insurance must protect any
liability arising from performing services to protect
the vessel, cargo, or property.
(B) Payment of Insurance Premiums. The party
applying for the arrest or attachment of a vessel,
cargo, or property must promptly reimburse the
Marshal for paid insurance premiums. The party
applying for change in custody arrangement must
reimburse the Marshal for any additional premiums
associated with the change.
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(C) Taxation of Insurance Premiums. The premiums
charged for the liability insurance will be taxed as an
expense of custody.
(5) Contribution by Intervening Parties to Expenses of
Substitute Custodian. When a substitute custodian is
authorized under Section 5(k)(3), an order may require the
intervening parties to contribute to all expenses of the
substitute custodian and to insurance premiums required
under Section 5(k)(4) on equitable terms. In addition to all
relevant facts, the judge may consider the provisions of
Section 5(f)(2)(B) in determining expenses.
(l) Preservation, Humanitarian, and Repatriation Expenses.
(1) Limitations on Reimbursement for Services and Supplies
Provided to a Vessel or Property in Custody. Except
when an emergency or undue hardship, no person may
claim as an expense of administration the costs of services
or supplies furnished to a vessel, cargo, or property unless
such services or supplies have been furnished to the
Marshal. Any order issued under this subsection must
require the person furnishing the services or supplies to file
a weekly invoice. This invoice must be set forth in the
format prescribed in Section 5(l)(5).
(2) Preservation Expenses for the Vessel and Cargo. The
Marshal or substitute custodian is authorized to incur
expenses reasonably deemed necessary in maintaining the
vessel, cargo, and property to prevent loss or undue
deterioration.
(3) Expenses for Care and Maintenance of a Crew. Except
in an emergency or by order, neither the Marshal nor
substitute custodian must incur expenses for feeding or
otherwise maintaining the crew. An application for
providing food, water, and necessary medical services to
the crew may be submitted and decided ex parte. The
application must be made by some person other than the
owner, manager, or general agent of the vessel. The
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application must be filed within thirty days from the date
of the vessel’s initial seizure. Otherwise, unless an
emergency, the application must be filed and served on all
parties, who in turn must have fourteen days from receipt
of the application to file a written response. Expenses for
feeding or otherwise maintaining the crew, when incurred
in accord with this subsection, must be taxed as an expense
of administration and not as an expense of custody.
(4) Repatriation Expenses. Absent an order expressly
requiring the repatriation of the crew and passengers and
directing that the expenses be taxed as a cost of
administration, no person is entitled to claim these
expenses as expenses of administration.
(5) Claim by a Supplier for Payment. Any person requesting
payment for furnishing services or supplies in compliance
with Section 5(l) must submit an invoice to the Marshal for
review and approval. The claim must be presented in the
form of a verified claim and must be submitted within a
reasonable time after furnishing the services or supplies,
but, in no event, must a claim be accepted after the vessel
or property is released. The claimant must file a copy of the
verified claim with the Marshal and serve the substitute
custodian and all other parties to the litigation. The
Marshal must review the claim, make appropriate
adjustments or recommendations to the claim, and
forward the claim to the judge for consideration. The judge
may postpone the hearing on an individual claim until a
hearing can be set to consolidate other claims against the
property.
(m) Property in Incidental Custody and Otherwise Not Subject to
the Arrest or Attachment.
(1) Authority to Preserve Cargo in Incidental Custody. The
Marshal or an authorized substitute custodian is
responsible for securing, maintaining, and preserving all
property incidentally taken into custody as a result of the
arrest or attachment of a vessel or property. Incidental
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property may include, but is not limited to, laden cargo not
itself the subject of the arrest or attachment. The Marshal
or other custodian must maintain a separate account of all
costs and expenses associated with the care and
maintenance of property incidentally taken into custody.
Any person claiming entitlement to possession of property
incidentally taken into custody may be required, as a
precondition of receiving possession, to reimburse the
Marshal for the separately accounted expenses. Monies
received by the Marshal will be credited against the
expenses of custody and administration.
(2) Separation, Storage, and Preservation of Property in
Incidental Custody. Any party or the Marshal may
petition to permit the separation and storage of property in
incidental custody from the property actually arrested or
attached. When separation of the property is ordered to
protect the incidentally seized property from undue
deterioration, provide for safer storage, meet an
emergency, reduce the expenses of custody, or to facilitate
a sale of the vessel or other property under Section 5(q), the
costs of such separation must be treated as an expense of
preservation and taxed as a cost of custody.
(3) Disposal of Unclaimed Property. Property incidentally in
custody and not subsequently claimed by any person
entitled to possession, must be disposed of in accord with
the laws governing the disposition of property abandoned
to the United States of America. Except when prohibited
by prevailing federal statute, the resulting net proceeds
associated with the disposition of abandoned property
must be applied to offset the expense of administration,
with the remainder escheating to the United States of
America as provided by law.
(n) Dismissal.
(1) By Consent. No action may be dismissed unless all court
costs and expenses are paid. Additionally, if there is more
than one plaintiff or intervening plaintiff, no plaintiff or
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26
intervening plaintiff may dismiss a claim without payment
of a proportionate share of costs and expenses in accord
with Section 5(f).
(2) Involuntary Dismissal. An order involuntarily dismissing
a claim must also designate the costs and expenses to be
paid by the party or parties dismissed.
(o) Judgment.
(1) Expense of Surety as Costs. If costs are awarded to any
party, all reasonable premiums or expenses paid by the
prevailing party on bonds, stipulations, and other security
must be taxed as costs.
(2) Costs of Arrest or Attachment. If costs are awarded to any
party, all reasonable expenses paid by the prevailing party
incidental to or arising from the arrest or attachment of any
vessel, property, and cargo must be taxed as costs.
(p) Stay of Final Order.
(1) Automatic Stay for Fourteen Days. The prevailing party
cannot execute on a judgment, and a custodian cannot
release seized property, until fourteen days after the entry
of the judgment or order of dismissal.
(2) Stays Beyond the Fourteen-Day Period. Unless otherwise
ordered, if a party files a post-judgment motion or a notice
of appeal within the fourteen-day period, a further stay
must exist for a period not to exceed thirty days from the
entry of the judgment or order. This additional stay permits
the judge to consider an application for the establishment
of a supersedeas bond.
(q) Notice of Sale.
(1) Publication of Notice. In an action in rem or quasi in rem,
and except in suits on behalf of the United States of America
where other notice is prescribed by statute, the Marshal
must publish notice in any newspaper approved under
Section 1(e).
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(2) Duration of Publication. Unless otherwise ordered,
publication of the notice of sale must be made at least
twice. The first publication must be at least seven days
before the date of the sale. The second publication must be
at least three days before the date of the sale.
(r) Sale of a Vessel or Property.
(1) Payment of the Purchase Price. Unless otherwise
provided in the order of sale, the person whose bid is
accepted must pay the Marshal the purchase price in the
manner provided below:
(A) If the Bid is Not More Than $500.00. The
successful bidder must immediately pay the full
purchase price.
(B) If the Bid is More Than $500.00. The successful
bidder must immediately deposit with the Marshal
$500.00, or 10% of the bid, whichever sum is
greater. The bidder must pay the remaining
purchase price within three days. If an objection to
the sale is filed within the time permitted by Section
5(r)(7), the bidder is excused from paying the
remaining purchase price until three days after
confirmation of the sale.
(2) Method of Payment. Unless otherwise ordered, payments
to the Marshal must be made in cash, certified check, or
cashier’s check.
(3) Custodial Costs Pending Payment. When a successful
bidder fails to pay the balance of the bid, the Marshal must
charge the successful bidder for the cost of keeping the
property from the date payment of the balance was due to
the date the bidder takes delivery of the property. The
Marshal may refuse to release the property until these
additional charges are paid.
(4) Default for Failure to Pay the Balance. A successful
bidder who fails to pay the balance of the bid within the
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time allowed is in default. A judge may order that the sale
be awarded to the second highest bidder or may order a
new sale. Any sum deposited by the successful bidder in
default must be forfeited and the Marshal will apply the
amount to any additional costs incurred because of the
forfeiture and default, including costs incident to resale.
The balance of the deposit, if any, must be retained in the
registry and subject to further order.
(5) The Marshal’s Report of Sale. At the conclusion of the
sale, the Marshal must file a written report. The report
must include the date of the sale, the amount of the sale,
and the name and address of the buyer.
(6) Confirmation of Sale. Unless an objection is timely filed
in accord with Section 5(r)(7)(A) or the purchaser is in
default for failing to pay the balance of the purchase price,
the plaintiff must have the sale confirmed. To confirm the
sale, the plaintiff’s counsel must file a “Request for
Confirmation of Sale” on the day after the last day for filing
an objection. See MDF 709. The plaintiff’s counsel also
must prepare and file a “Confirmation of Sale.” See MDF
710. The clerk must promptly transmit a certified copy of
the “Confirmation of Sale” to the Marshal. Unless
otherwise ordered, if the plaintiff fails to timely file the
“Request for Confirmation of Sale” and proposed
“Confirmation of Sale,” the Marshal must assess any
continuing costs or expenses for custody of the vessel or
property against the plaintiff.
(7) Objections to Confirmation.
(A) Time for Filing Objections. Unless otherwise
permitted, an objection must be filed within three
days after the sale. The party or person filing an
objection must serve a copy of the objection on the
Marshal and all other parties and must file a
certificate of service. Opposition to the objection
must be filed within five days after receipt of the
objection. The judge must consider the objection
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and any opposition to the objection, and must
confirm the sale, order a new sale, or grant other
relief as appropriate.
(B) Deposit of Preservation or Maintenance Costs. In
addition to filing written objections, any person
objecting to the sale must deposit with the Marshal
the cost of keeping the property for at least seven
days. Proof of the deposit with the Marshal must be
delivered to the clerk by the objecting party. The
judge will not consider the objection without proof
of this deposit. If the objection is sustained, the
objector will be reimbursed for the expense of
keeping the property from the proceeds of any
subsequent sale and any remaining deposit will be
returned to the objector. If the objection is denied,
the sum deposited by the objector will be applied to
pay the fees and expenses incurred by the Marshal
in keeping the property from the date of the
objection until the sale is confirmed. Any remaining
deposit will be returned to the objector.
(8) Confirmation of Title. Failure of a party to give the
required notice of an action and arrest of a vessel, property,
or cargo or failure to give the required notice of a sale, may
afford grounds for objecting to the sale, but such failure
does not affect the title of a good faith purchaser of the
property.
(s) Post-sale Claim. Claims against the proceeds of a sale authorized
by this manual, except for seamen’s wages, will not be admitted on behalf of a
lienor who files a claim after the sale. Unless otherwise ordered, any claim filed
after the date of the sale must be limited to the remnants and surplus arising
from the sale.
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6. Action to Limit Liability
(a) Publication of the Notice. The plaintiff must publish the notice
in accord with the provisions set forth in Supplemental Rule F(4) and Section
1(e).
(b) Proof of Publication. If challenged, the plaintiff must file proof
of publication not later than the return date. The proof of publication must
include the sworn statement by or on behalf of the publisher or editor, the dates
of publication, and a copy of the publication.
(c) Appraisals. Upon filing a claimant’s motion demanding an
increase in the deposited funds or the plaintiff’s security, the judge must order
an appraisal of the plaintiff’s interest in the vessel and pending cargo. Upon
receipt of the order directing the appraisal, the parties have seven days to file a
written stipulation to an appraiser. If the parties do not file a stipulation, the
judge will appoint an appraiser. The appraiser must promptly conduct an
appraisal, file the appraisal with the clerk, and serve a copy of the appraisal on
the moving party and the plaintiff. The appraiser must also file a certificate of
service.
(d) Objections to the Appraisal. Within fourteen days after the
appraisal was filed, any party may move to set aside the appraisal.
(e) Appraiser’s Fee. An order must establish the appraiser’s fee.
Unless otherwise ordered, the judge must tax the appraiser’s fee against the
party seeking relief under Supplemental Rule F(7).
(f) Party with Burden. A claimant in a limitation action has the
initial burden regarding deadlines in the case management report and court-
ordered obligations or deadlines.
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7. Appendix of Forms
MDF FORM 700 Order Directing the Issuance of the Process
of Attachment and Garnishment
MDF FORM 701 Process of Attachment and Garnishment
MDF FORM 702 Order Directing the Issuance of the Warrant
of Arrest [or Summons]
MDF FORM 703 Warrant for Arrest in Rem
MDF FORM 704 Motion for Appointment of Substitute
Custodian
MDF FORM 705 Consent and Indemnification Agreement for
the Appointment of Substitute Custodian
MDF FORM 706 Notice of Action In Rem and Arrest of
Vessel
MDF FORM 707 Motion for Release of a Vessel or Property
in Accord with Supplemental Rule E(5)
MDF FORM 708 Order Directing the Release of a Vessel or
Property in Accord with Supplemental
Rule E(5)
MDF FORM 709 Request for Confirmation of Sale
MDF FORM 710 Confirmation of Sale
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MDF 700 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No. _________________________
IN ADMIRALTY
Defendant.
____________________________
ORDER DIRECTING THE ISSUANCE
OF THE PROCESS OF ATTACHMENT AND GARNISHMENT
Under Supplemental Rule B(1) and Section 2(b)(1) of the Middle District of
Florida Admiralty and Maritime Practice Manual, the Clerk must issue the summons
and process of attachment and garnishment.
ORDERED in _________________, Florida, on ____________, 20__.
_____________________________________
United States Magistrate Judge
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33
MDF 701 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No._________________________
IN ADMIRALTY
Defendant.
_______________________________
PROCESS OF ATTACHMENT AND GARNISHMENT
The complaint was filed on ________________________, 20___.
In accord with Supplemental Rule B of Certain Admiralty and Maritime Claims
of the Federal Rules of Civil Procedure and Section 2 of the Middle District of Florida
Admiralty and Maritime Practice Manual, you are directed to attach and garnish:
DESCRIPTION
[Describe the property to be attached and garnished in sufficient detail,
including location of the property, to permit the U.S. Marshal to effect
the seizure.]
You must also give notice of the attachment and garnishment to every person
required by the appropriate Supplemental Rule.
DATED in _______________, Florida, on ________________, 20___.
[Name of Clerk], CLERK
By: ___________________________________
Deputy Clerk
[Name of Plaintiff’s Attorney]
[Florida Bar Number, if admitted in Fla.]
[Firm Name, if applicable]
[Mailing Address]
[City, State & Zip Code]
[Telephone Number]
[Email Address]
SPECIAL NOTICE
Any person claiming an interest in seized property must file a claim in accord
with the post-seizure review provisions of Section 2(d) of the Middle District of Florida
Admiralty and Maritime Practice Manual.
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34
MDF 702 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No._________________________
IN ADMIRALTY
Defendant.
______________________________
ORDER DIRECTING THE ISSUANCE OF
THE WARRANT OF ARREST [OR SUMMONS]
Under Supplemental Rule C(1) and Section 3(a)(1)(A) of the Middle District of
Florida Admiralty and Maritime Practice Manual, the Clerk must issue a warrant of
arrest [or summons].
ORDERED in _______________, Florida, on ___________, 20 __.
____________________________
United States Magistrate Judge
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35
MDF 703 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No._________________________
IN ADMIRALTY
Defendant.
______________________________
WARRANT FOR ARREST IN REM
TO THE UNITED STATES MARSHAL FOR THE UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF FLORIDA
The complaint was filed on _________________________, 20__.
In accord with Supplemental Rule C for Certain Admiralty and Maritime Claims
of the Federal Rules of Civil Procedure and Section 3 of the Middle District of Florida
Admiralty and Maritime Practice Manual, you are directed to arrest the defendant
vessel’s [_____________________] boats, tackle, apparel and furniture, and engines and
appurtenances, and to detain the same in your custody pending further order.
You must also give notice of the arrest to all persons required by appropriate the
Supplemental Rule.
ORDERED in _____________, Florida, on __________, 20____.
[Name of Clerk], CLERK
By:
Deputy Clerk
cc: Counsel of Record
SPECIAL NOTICE
In accord with Section 3(e) of the Middle District of Florida Admiralty and
Maritime Practice Manual, any person claiming an interest in the vessel or property is
required to file a claim within fourteen days after process is executed and is required to file
an answer within twenty-one days after the filing of the claim. Any persons claiming an
interest in the vessel or property may also pursue the post-arrest remedies set forth in
Section 3(f) of the Middle District of Florida Admiralty and Maritime Practice Manual.
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36
MDF 704 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No.________________________
IN ADMIRALTY
Defendant.
_______________________________
MOTION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN
Under Section 5(k)(3) of the Middle District of Florida Admiralty and Maritime
Practice Manual, Plaintiff ____________________, by and through the undersigned
attorney, represents:
(1) On ________________, 20____, Plaintiff filed this action against the
vessel’s [_____________________] boats, tackle, apparel, furniture and
furnishings, equipment, engines, and appurtenances.
(2) On _______________, 20____, the Clerk of the District Court issued a
Warrant of Arrest against the vessel, directing the U.S. Marshal to take
custody of the vessel ________________, and to retain custody of the
vessel pending further order.
(3)(a) After the issuance of the Warrant of Arrest, the Marshal will take steps
to immediately seize the vessel. Continual custody by the Marshal will
require the services of at least one custodian at a cost of at least
$__________ per day. [This paragraph is applicable only when the motion
for appointment is filed concurrent with the complaint and application
for the warrant of arrest.]
- or -
(3)(b) By the Warrant of Arrest, the Marshal arrested the vessel. Continued
custody by the Marshal requires the services of _______ custodians at a
cost of at least $_________ per day. [This paragraph is applicable if the
Marshal arrested the vessel.]
(4) The vessel is currently berthed at ______________, and subject to the
approval of the court, the substitute custodian is prepared to provide
security, wharfage, and routine services for the safekeeping of the vessel
at a cost substantially less than that presently required by the Marshal.
The substitute custodian agrees to provide these services pending further
order.
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37
(5) The substitute custodian has adequate facilities for the care,
maintenance, and security of the vessel.
(6) Plaintiff and Substitute Custodian will file a Consent and
Indemnification Agreement in accord with Section 5(k)(3)(B) of the
Middle District of Florida Admiralty and Maritime Practice Manual.
THEREFORE, subject to the filing of the indemnification agreement noted in
paragraph (6) above, Plaintiff requests this court to enter an order appointing
____________________________________ as Substitute Custodian for the vessel
_________________________.
DATED in ________________, Florida, on ___________, 20 __.
________________________________________
SIGNATURE OF COUNSEL OF RECORD
Typed Name of Counsel
Fla. Bar ID No. (if admitted in Fla.)
Firm or Business Name
Mailing Address
City, State, Zip Code
Telephone Number
Email Address
cc: Counsel of Record
Substitute Custodian
SPECIAL NOTE
Plaintiff's attorney must also prepare a proposed order for the appointment of Substitute
Custodian.
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38
MDF 705 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No. _______________________
IN ADMIRALTY
Defendant.
_______________________________
CONSENT AND INDEMNIFICATION AGREEMENT
FOR THE APPOINTMENT OF SUBSTITUTE CUSTODIAN
Plaintiff, ____________________, and _______________, the proposed Substitute
Custodian, hereby expressly release the U.S. Marshal for this district, and the U.S.
Marshal’s Service, from any and all liability and responsibility for the care and custody
of _________________ (describe the property) while in the hands of ________________
(substitute custodian).
Plaintiff and __________________ (substitute custodian) also expressly agree to
hold the U.S. Marshal for this district, and the U.S. Marshal’s Service, harmless from
any and all claims arising during the period of the substitute custodianship.
The undersigned attorney represents that he is authorized to sign this Consent
and Indemnification Agreement for Plaintiff.
SIGNED on ______________, 20____.
______________________________ ________________________________
PLAINTIFF’S ATTORNEY SUBSTITUTE CUSTODIAN
Typed Name Typed Name
Fla. Bar ID No. (if admitted in Fla.) Fla. Bar ID No. (if admitted in Fla.)
Firm or Business Name Firm or Business Name
Mailing Address Mailing Address
City, State, Zip Code City, State, Zip Code
Telephone Number Telephone Number
Email Address Email Address
cc: Counsel of Record
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MDF 706 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No._________________________
IN ADMIRALTY
Defendant.
_______________________________
NOTICE OF ACTION IN REM AND ARREST OF VESSEL
In accord with Supplemental Rule C(4) for Certain Admiralty and Maritime
Action of the Federal Rules of Civil Procedure, and Section 3(c) of the Middle District
of Florida Admiralty and Maritime Practice Manual, notice is hereby given of the arrest
of _____________________, in accord with a Warrant of Arrest issued on
_____________, 20__.
Under Supplemental Rule C(6), and Section 3(e) of the Middle District of Florida
Admiralty and Maritime Practice Manual, any person having a claim against the vessel
or property must file a claim not later than fourteen days after process is effected and
must file an answer within twenty-one days from the date of filing their claim.
DATED in _________________, Florida, on ___________, 20____.
_________________________________________
SIGNED NAME OF PLAINTIFF’S
ATTORNEY
Typed Name of Counsel
Fla. Bar ID No. (if admitted in Fla.)
Firm or Business Name
Mailing Address
City, State, Zip Code
Telephone Number
Email Address
cc: Counsel of Record
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MDF 707 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No._________________________
IN ADMIRALTY
Defendant.
______________________________
MOTION FOR RELEASE OF A VESSEL OR PROPERTY
IN ACCORDANCE WITH SUPPLEMENTAL RULE E(5)
In accordance with Supplemental Rule E(5) and Section 5(i)(2) of the Middle
District of Florida Admiralty and Maritime Practice Manual, Plaintiff, on whose behalf
property was seized, requests the court to enter an Order directing the United States
Marshal for the Middle District of Florida to release the property. This request is made
for these reasons:
[Describe the reasons in sufficient detail to permit the
court to enter an appropriate order.]
DATED at __________, Florida, on ___________, 20____.
_________________________________________
SIGNED NAME OF PLAINTIFF'S
ATTORNEY
Typed Name of Counsel
Fla. Bar ID No. (if admitted in Fla.)
Firm or Business Name
Mailing Address
City, State, Zip Code
Telephone Number
Email Address
cc: Counsel of Record
Case 8:20-mc-00100-SDM Document 4-1 Filed 10/30/20 Page 41 of 43 PageID 165
41
MDF 708 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No.________________________
IN ADMIRLATY
Defendant.
________________________________
ORDER DIRECTING THE RELEASE OF A VESSEL OR
PROPERTY IN ACCORD WITH SUPPLEMENTAL RULE E(5)
In accord with Supplemental Rule E(5) and Section 5(i)(2) of the Middle District
of Florida Admiralty and Maritime Practice Manual, and by the Request for Release
filed on ____________________, 20 ____, the United States Marshal must release the
vessel or property currently being held in the Marshal’s custody.
ORDERED in ________________, Florida, on ______________, 20___.
____________________________
United States Magistrate Judge
cc: Counsel of Record
Case 8:20-mc-00100-SDM Document 4-1 Filed 10/30/20 Page 42 of 43 PageID 166
42
MDF 709 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No.________________________
IN ADMIRALTY
Defendant.
________________________________
REQUEST FOR CONFIRMATION OF SALE
Plaintiff certifies:
(1) Date of Sale: In accord with the order of sale, the plaintiff represents that
the sale of _____________________ (describe the property) was conducted
by the Marshal on _____________, 20____.
(2) Last Day for Filing Objections: Under Section 5(r)(7)(A) of the Middle
District of Florida Admiralty and Maritime Practice Manual, the last day
for filing objections to the sale was __________________, 20____.
(3) Survey of Court Records: The plaintiff confirms that as of
________________, 20____, no one filed objections to the sale.
THEREFORE, the plaintiff requests the Clerk to enter a Confirmation of Sale
and to transmit the confirmation to the Marshal for processing.
DATED at ____________, Florida, on _______________, 20 _____.
_________________________________________
SIGNED NAME OF PLAINTIFF’S
ATTORNEY
Typed Name of Counsel
Fla. Bar ID No. (if admitted in Fla.)
Firm or Business Name
Mailing Address
City, State, Zip Code
Telephone Number
Email Address
cc: Counsel of Record
Case 8:20-mc-00100-SDM Document 4-1 Filed 10/30/20 Page 43 of 43 PageID 167
43
MDF 710 APPENDIX OF FORMS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
____________ Division
Plaintiff,
v. CASE No. ________________________
IN ADMIRALTY
Defendant.
____________________________________
CONFIRMATION OF SALE
No objection was filed to the sale of property conducted by the U.S. Marshal on
_______________, 20____.
THEREFORE, in accordance with Section 5(r)(6) of the Middle District of
Florida Admiralty and Maritime Practice Manual, the sale to [identify the purchaser]
must stand confirmed as of ________________________, 20____.
CONFIRMED in _____________, Florida, on ________________, 20______.
[Name of Clerk], CLERK
By: _____________________________________
Deputy Clerk
cc: U.S. Marshal
Counsel of Record
