The Northern District of Georgia Local Patent Rules, as amended from time to time, apply
in a patent case unless the Court orders otherwise.
CUSTOMARY AND TRADITIONAL CONDUCT AND DECORUM
IN THE UNITED STATES DISTRICT COURT
(A) The purpose of this addendum is to state for the guidance of those heretofore
unfamiliar with the traditions of this United States District Court certain basic principles
concerning courtroom conduct and decorum. These standards are minimal and not all-
inclusive. They are intended to emphasize and supplement, not supplant or limit, the
ethical obligations of counsel under the Code of Professional Responsibility or the time
honored customs of experienced trial counsel.
(B) When appearing in this United States district court, all counsel and all persons
at counsel table should conduct themselves in the following customary and traditional
manner:
(1) Stand as court is opened, recessed, or adjourned.
(2) Stand when the jury enters or retires from the courtroom.
(3) Stand when addressing, or being addressed by, the court.
(4) Address all remarks to the court, not to opposing counsel.
(5) Avoid disparaging remarks or acrimony toward opposing counsel
and remain wholly detached from any ill feeling between litigants
and witnesses.
(6) Refer to all persons, including witnesses, other counsel and the
parties, by their surnames and not by their first or given names.
(7) Counsel should request permission before approaching the bench;
and any document counsel wish to have the court examine should
be handed to the clerk.
(8) Unless opposing counsel has previously shown exhibits, any exhibit
offered in evidence should, at the time of such offer, be handed to
opposing counsel.
(9) In making objections, counsel should state only the legal grounds
for the objection and should withhold all further comment or
argument unless elaboration is requested by the court.
(10) In examining a witness, counsel shall not repeat or echo the answer
given by the witness.
(11) Offers of, or requests for, a stipulation should be made privately,
not within the hearing of the jury.
(12) In opening statements and in arguments to the jury, counsel shall
not express personal knowledge or opinion concerning any matter
in issue, shall not read or purport to read from deposition or trial
manuscripts, and shall not suggest to the jury, directly or indirectly,
that it may or should request transcripts or the reading of any
testimony by the reporter.
(13) Counsel shall admonish and discourage all persons at counsel table
from making gestures, facial expressions, audible comments, or the
like, as manifestations of approval or disapproval during the
testimony of witnesses, or at any other time.
(14) Smoking, eating, food and drink are prohibited in the courtroom at
any time.
ADMIRALTY AND MARITIME RULES
RULE A. GENERAL PROVISIONS
(1) Scope of the Local Admiralty and Maritime Rules. The local admiralty and maritime
rules apply to the procedures in admiralty and maritime claims within the meaning of
Fed.R.Civ.P. 9(h), which in turn are governed by the Supplemental Rules for Certain Admiralty
and Maritime Claims of the Federal Rules of Civil Procedure.
(2) Citation Format.
(a) The Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal
Rules of Civil Procedure shall be cited as “Supplemental Rule (_____)”.
(b) The Local Rules of the Northern District of Florida shall be cited as “Local Rule (____)”.
(c) The Local Admiralty and Maritime Rules shall be cited as “Local Admiralty Rule
(_____)”.
(3) Application of Local Admiralty and Maritime Rules. The Local Admiralty Rules shall
apply to all actions governed by Local Admiralty Rule A(1), and to the extent possible
should be construed to be consistent with the other local rules of this Court. To the extent that a
Local Admiralty Rule conflicts with another local rule of this Court, the Local Admiralty Rule
shall control.
(4) Designation of “In Admiralty” Proceedings. Every complaint filed as a Fed. R. Civ. P. 9(h)
action shall boldly set forth the words “IN ADMIRALTY” following the designation of the Court.
This requirement is in addition to any statements which may be contained in the body of the
complaint.
(5) Verification of Pleadings, Claims and Answers to Interrogatories. Every complaint
and claim filed pursuant to Supplemental Rules (B), (C) and/or (D) shall be verified on oath or
solemn affirmation by a party, or an officer of a corporate party.
If a party or corporate officer is not within the district, verification of a complaint, claim and/or
answers to interrogatories may be made by an agent, an attorney-in-fact, or the attorney of record.
Such person shall state briefly the source of his or her knowledge, or information and belief, and
shall declare that the document affirmed is true to the best of his or her knowledge, and/or
information and belief. Additionally, such person shall state that he or she is authorized to make
this representation on behalf of the party or corporate officer, and shall indicate why verification
is not made by a party or a corporate officer. Such verification will be deemed to have been made
by the party to whom the document might apply as if verified personally.
Any interested party may move the Court, with or without a request for stay, for the personal oath
or affirmation of a party or all parties, or that of a corporate officer. If required by the Court, such
verification may be obtained by commission, or as otherwise provided by Court order.
(6) Issuance of Process. Except as limited by the provisions of Supplemental Rule (B)(1) and
Local Admiralty Rule B(3) or Supplemental Rule (C)(3) and Local Admiralty Rule C(2); or in
suits prosecuted in forma pauperis and sought to be filed without prepayment of fees or costs, or
without security; all process shall be issued by the Court without further notice of Court.
(7) Publication of Notices. Unless otherwise required by the Court, or applicable Local
Admiralty or Supplemental Rule, whenever a notice is required to be published by any statute of
the United States, or by any Supplemental Rule or Local Admiralty Rule, such notice shall be
published at least once, without further order of Court, in an approved newspaper in the county or
counties where the vessel or property was located at the time of arrest, attachment, or seizure, and
if different, in the county within the Northern District of Florida where the lawsuit is pending.
Publication of Notice of Sale shall be as provided in Local Admiralty Rule E(16). Upon a
showing of good cause, the Court may require additional publications if necessary to provide
reasonable notice. The newspaper of largest circulation in a county in the Northern District is
rebuttably presumed to be a newspaper of general circulation in that same county.
For purposes of this subsection, an approved newspaper shall be a newspaper of general
circulation, designated from time to time by the Court. A listing of these approved newspapers
will be made available in the Clerk’s Office during normal business hours.
(8) Form and Return of Process in In Personam Actions. Unless otherwise ordered by
the Court, Fed.R.Civ.P. 9(h) process shall be by civil summons, and shall be returnable twenty
(20) days after service of process; except that process issued in accordance with Supplemental
Rule (B) shall conform to the requirements of that rule.
(9) Judicial Officer Defined. As used in these Local Admiralty Rules, the term “judicial
officer” or “Court” shall mean either a United States District Judge or a United States
Magistrate Judge.
(10) Appendix of Forms. The forms presented in the Appendix provide an illustration of the
format and content of papers filed in admiralty and maritime actions within the Northern District
of Florida. While the forms are sufficient, they are neither mandatory nor exhaustive.
RULE B. ATTACHMENT AND GARNISHMENT: SPECIAL PROVISIONS
(1) Definition of “Not Found Within the District”. In an action in personam filed
pursuant to Supplemental Rule (B), a defendant shall be considered “not found within the district”
if the defendant cannot be served within the Northern District of Florida with the summons and
complaint as provided by Fed.R.Civ.P. 4(d)(1), (2), (3), or (6).
(2) Verification of Complaint Required. In addition to the specific requirements of Local
Admiralty Rule A(5), whenever verification is made by the plaintiff’s attorney or agent, and that
person does not have personal knowledge, or knowledge acquired in the ordinary course of
business of the facts alleged in the complaint, the attorney or agent shall also state the
circumstances which make it necessary for that person to make the verification, and shall indicate
the source of the attorney’s or agent’s information.
(3) Pre-seizure Requirements. In accordance with Supplemental Rule (B)(1), the process
of attachment and garnishment shall issue only after one of the following conditions has been
met:
(a) Judicial Review Prior to Issuance. Except as provided in Local Admiralty Rule B(3)(b), a
judicial officer shall first review the verified complaint, and any other relevant case papers, prior
to the Clerk issuing the requested process of attachment and garnishment. No notice of this pre-
arrest judicial review is required to be given to any person or prospective party.
If the Court finds that probable cause exists to issue the process of attachment and garnishment,
plaintiff shall prepare an order for the Court=s signature directing the Clerk to issue the process.
This order shall substantially conform in format and content to the form identified as NDF 1 in
the Appendix of these Local Admiralty Rules.
Upon receipt of the signed order, the Clerk shall file the order and, in accordance with Local
Admiralty Rule B(3)(c), issue the summons and process of attachment and garnishment.
Thereafter the Clerk may issue supplemental process without further order of Court.
(b) Certification of Exigent Circumstances. If the plaintiff files a written certification that exigent
circumstances make review by the Court impracticable, the Clerk shall, in accordance with Local
Admiralty Rule B(3)(c), issue a summons and the process of attachment and garnishment.
Thereafter at any post-attachment proceedings under Supplemental Rule (E)(4)(f) and Local
Admiralty Rule B(5), plaintiff shall have the burden of showing that probable cause existed for
the issuance of process, and that exigent circumstances existed which precluded judicial review in
accordance with Local Admiralty Rule B(3)(a).
(c) Preparation and Issuance of the Process of Attachment and Garnishment. Plaintiff
shall prepare the summons and the process of attachment and garnishment, and deliver the
documents to the Clerk for filing and issuance.
The process of attachment and garnishment shall substantially conform in format and content to
the form identified as NDF 2 in the Appendix to these Local Admiralty Rules, and shall in all
cases give adequate notice of the post seizure provisions of Local Admiralty Rule B(5).
(d) Marshal’s Return of Service. The Marshal shall file a return of service indicating the
date and manner in which service was perfected and, if service was perfected upon a garnishee,
the Marshal shall indicate in the return the name, address, and telephone number of the garnishee.
(4) Notification of Seizure to Defendant. In an in personam action under Supplemental
Rule (B), it is expected that plaintiff and/or garnishee will initially attempt to perfect service of
the notice in accordance with Supplemental Rule (B)(2)(a) or (b).
However, when service of the notice cannot be perfected in accordance with Supplemental Rule
(B)(2)(a) or (b), plaintiff and/or garnishee should then attempt to perfect service in accordance
with Supplemental Rule (B)(2)(c). In this regard, service of process shall be sufficiently served by
leaving a copy of the process of attachment and garnishment with the defendant or garnishee at
his or her usual place of business.
(5) Post-attachment Review Proceedings.
(a) Filing a Required Answer. In accordance with Supplemental Rule (E)(4)(f), any person who
claims an interest in property seized pursuant to Supplemental Rule (B) must file an answer and
claim against the property. The answer and claim shall describe the nature of the claimant’s
interest in the property, and shall articulate reasons why the seizure should be vacated. The
claimant shall serve a copy of the answer and claim upon plaintiff’s counsel, the Marshal, and any
other party to the litigation. The claimant shall also file a Certificate of Service indicating the date
and manner in which service was perfected.
(b) Hearing on the Answer and Claim. The claimant may be heard before a judicial officer not
less than three (3) days after the answer and claim has been filed and service has been perfected
upon the plaintiff.
If the Court orders that the seizure be vacated, the judicial officer shall also award attorney’s fees,
costs, and other expenses incurred by any party as a result of the seizure.
If the seizure was predicated upon a showing of “exigent circumstances” under Local
Admiralty Rule B(3)(b), and the Court finds that such exigent circumstances did not exist, the
judicial officer shall award attorney’s fees, costs, and other expenses incurred by any party as a
result of the seizure. Upon an award of attorney’s fees under this rule, the parties will be
directed to comply with Local Rule 54.1(E)
(6) Procedural Requirement for the Entry of Default. In accordance with Rule 55,
Fed.R.Civ.P., a party seeking the entry of default in a Supplemental Rule (B) action shall file a
motion and supporting legal memorandum and shall offer other proof sufficient to demonstrate
that due notice of the action and seizure have been given in accordance with Local Admiralty
Rule B(4).
Upon review of the motion, memorandum, and other proof, the Clerk shall, where appropriate,
enter default in accordance with Rule 55(a), Fed.R.Civ.P. Thereafter, the Clerk shall serve
notice of the entry of default upon all parties represented in the action.
(7) Procedural Requirements for the Entry of Default Judgment. Not later than thirty (30)
days following notice of the entry of default, the party seeking the entry of default judgment shall
file a motion and supporting legal memorandum, along with other appropriate exhibits to the
motion sufficient to support the entry of default judgment. The moving party shall serve these
papers upon every other party to the action and file a Certificate of Service indicating the date and
manner in which service was perfected.
A party opposing the entry of default judgment shall have five (5) days from the receipt of the
motion to file written opposition with the Court. Thereafter, unless otherwise ordered by the
Court, the motion for the entry of default judgment will be heard without oral argument.
If the Court grants the motion and enters the default judgment, such judgment shall establish a
right on the part of the party or parties in which favor it is entered. The judgment shall be
considered prior to any claims of the owner of the defendant property against which it is entered,
and to the remnants and surpluses thereof; providing, however, that such a judgment shall not
establish any entitlement to the defendant property having priority over non-possessory lien
claimants. Obtaining a judgment by default shall not preclude the party in whose favor it is
entered from contending and proving that all, or any portion, of the claim or claims encompassed
within the judgment are prior to any such non-possessory lien claims.
RULE C. ACTION IN REM
(1) Verification Requirements. Every complaint and claim filed in an in rem proceeding
pursuant to Supplemental Rule (C) shall be verified in accordance with Local Admiralty Rules
A(5) and B(2).
(2) Pre-seizure Requirements. In accordance with Supplemental Rule (C)(3), the process of
arrest in rem shall issue only after one of the following conditions has been met:
(a) Judicial Review Prior to Issuance. Except as provided in Local Admiralty Rule C(2)(b), a
judicial officer shall first review the verified complaint, and any other relevant case papers, prior
to the Clerk issuing the warrant of arrest and/or summons in rem. No notice of this pre-seizure
judicial review is required to be given to any person or prospective party.
If the Court finds that probable cause exists for an action in rem, plaintiff shall prepare an order
for the Court’s signature directing the Clerk to issue a warrant of arrest and/or summons. This
order shall substantially conform in format and content to the form identified as NDF 2 in the
Appendix to these Local Admiralty Rules.
Upon receipt of the signed order, the Clerk shall file the order and, in accordance with Local
Admiralty Rule C(2)(c), issue the warrant of arrest and/or summons. Thereafter the Clerk may
issue supplemental process without further order of the Court.
(b) Certification of Exigent Circumstances. If the plaintiff files a written certification that exigent
circumstances make review by the Court impracticable, the Clerk shall, in accordance with Local
Admiralty Rule B(3)(b), issue a warrant of arrest and/or summons.
Thereafter at any post-arrest proceedings under Supplemental Rule (E)(4)(f) and Local
Admiralty Rule C(7), plaintiff shall have the burden of showing that probable cause existed for
the issuance of process, and that exigent circumstances existed which precluded judicial review in
accordance with Local Admiralty Rule C(2)(a).
(c) Preparation and Issuance of the Warrant of Arrest and/or Summons. Plaintiff shall
prepare the warrant of arrest and/or summons, and deliver them to the Clerk for filing and
issuance.
The warrant of arrest shall substantially conform in format and content to the form identified as
NDF 4 in the Appendix to these Local Admiralty Rules, and shall in all cases give adequate
notice of the post-arrest provisions of Local Admiralty Rule C(7).
(3) Special Requirements for Actions Involving Freight, Proceeds and/or Intangible
Property.
(a) Instructions to Be Contained in the Summons. Unless otherwise ordered by the Court, the
summons shall order the person having control of the freight, proceeds and/or intangible property
to either:
(1) File a claim within ten (10) days after service of the summons in accordance with Local
Admiralty Rule C(6)(a); or
(2) Deliver or pay over to the Marshal, the freight, proceeds, and/or intangible property, or a part
thereof, sufficient to satisfy plaintiff’s claim.
The summons shall also inform the person having control of the freight, proceeds, and/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 of the
Court.
(b) Requirements for Claims to Prevent the Delivery of Property to the Marshal. Any
claim filed in accordance with Supplemental Rule (E)(4) and Local Admiralty Rule C(6)(a) shall
describe the nature of claimant’s interest in the property, and shall articulate reasons why the
seizure should be vacated.
The claim shall be served upon the plaintiff, the Marshal, and all other parties to the
litigation. Additionally, the claimant shall file a Certificate of Service indicating the date
and manner in which service was perfected.
(c) Delivery or Payment of the Freight, Proceeds, and/or Intangible Property to the U.S.
Marshal. Unless a claim is filed in accordance with Supplemental Rule (E)(4)(f), and Local
Admiralty Rule C(6)(a), any person served with a summons issued pursuant to Local Admiralty
Rule C(2)(a) or (b), shall within ten (10) days after execution of service, deliver or pay over to the
Marshal all, or part of, the freight, proceeds, and/or intangible property sufficient to satisfy
plaintiff’s claim.
Unless otherwise ordered by the Court, the person tendering control of the freight, proceeds,
and/or intangible property shall be excused from any further duty with respect to the property in
question.
(4) Publishing Notice of the Arrest as Required by Supplemental Rule (C)(4).
(a) Time for Publication. If the property is not released within ten (10) days after the execution of
process, the notice required by Supplemental Rule (C)(4) shall be published by the plaintiff in
accordance with Local Admiralty Rule A(7). Such notice, unless otherwise ordered by the Court,
shall be published within seventeen (17) days after execution of process. The notice shall
substantially conform to the form identified as NDF 7 in the Appendix to these Local Admiralty
Rules.
(b) Proof of Publication. Plaintiff shall file proof of publication with the Clerk not later than ten
(10) days following the last day of publication. It shall be sufficient proof for the plaintiff to file
the sworn statement by, or on behalf of, the publisher or editor, indicating the dates of
publication, along with a copy or reproduction of the actual publication.
(5) Undertaking in Lieu of Arrest. If, before or after the commencement of an action, a party
accepts any written undertaking to respond on behalf of the vessel and/or other property in return
for foregoing the arrest, the undertaking shall 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.
(6) Time for Filing Claim or Answer. Unless otherwise ordered by the court, any claimant of
property subject to an action in rem shall:
(a) File the claim within ten (10) days after process has been executed; and
(b) Serve an answer within twenty (20) days after the filing of the claim.
(7) Post-arrest Proceedings. Coincident with the filing of a claim pursuant to Supplemental Rule
(E)(4)(f), and Local Admiralty Rule C(6)(a), the claimant may also file a motion and proposed
order directing plaintiff to show cause why the arrest should not be vacated. If the Court grants
the order, the Court shall set a date and time for a show cause hearing. Thereafter, if the Court
orders the arrest to be vacated, the Court shall award attorney’s fees, costs, and other expenses
incurred by any party as a result of the arrest.
Additionally, if the seizure was predicated upon a showing of “exigent circumstances” under
Local Admiralty Rule C(6)(b), and the Court finds that such exigent circumstances did not exist,
the Court shall award attorney’s fees, costs and other expenses incurred by any party as a result of
the seizure. Upon an award of attorney’s fees under this rule, the parties will be directed to
comply with Local Rule 54.1(E).
(8) Procedural Requirements Prior to the Entry of Default. In accordance with Rule 55,
Fed.R.Civ.P., a party seeking the entry of default judgment in rem shall first file a motion and
supporting legal memorandum. The party seeking the entry of default shall also file such other
proof sufficient to demonstrate that due notice of the action and arrest have been given by:
(a) Service upon the master or other person having custody of the property;
(b) Delivery, or by certified mail, return receipt requested (or international effective equivalent),
to every other person, including any known owner, who has not appeared or intervened in the
action, and who is known to have, or claims to have, a possessory interest in the property. The
party seeking entry of default judgment under Local Rule C(8) may be excused for failing to give
notice to such Aother 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 Local Admiralty Rule C(4).
Upon review of the motion, memorandum, and other proof, the Clerk may, where appropriate,
enter default in accordance with Rule 55, Fed.R.Civ.P. Thereafter, the Clerk shall serve notice of
the entry of default upon all parties represented in the action.
(9) Procedural Requirements for the Entry of Default Judgment. Not later than thirty (30)
days following notice of the entry of default, the moving party shall file a motion, and supporting
legal documents, for the entry of default judgment pursuant to Rule 55(b), Fed.R.Civ.P. The
moving party may also file as exhibits for the motion such other documentation as may be
required to support the entry of default judgment. Thereafter the court will consider the motion as
indicated below:
(a) When No Person Has Filed a Claim or Answer. Unless otherwise ordered by the court, the
motion for default judgment will be considered by the court without oral argument.
(b) When Any Person Has Filed an Appearance, But Does Not Join in the Motion for Entry of
Default Judgment. If any person has filed an appearance in accordance with Local Admiralty Rule
C(6), but does not join in the motion for entry of default judgment, the party seeking the entry of
default judgment shall serve notice of the motion upon the party not joining in the motion, and
thereafter the opposing party shall have five (5) days from receipt of the notice to file written
opposition with the court.
If the court grants the motion and enters the default judgment, such judgment shall establish a
right on the part of the party or parties in whose favor it is entered. The judgment shall be
considered prior to any claims of the owner of the defendant property against which it is entered,
and to the remnants and surpluses thereof; providing, however, that such a judgment shall not
establish any entitlement to the defendant property having priority over non-possessory lien
claimants. Obtaining a judgment by default shall not preclude the party in whose favor it is
entered from contending and proving that all, or any portion, of the claim or claims encompassed
within the judgment are prior to any such non-possessory lien claims.
RULE D. POSSESSORY, PETITORY AND PARTITION ACTIONS
(1) Establishing Dates for the Return of Process. In possessory actions filed pursuant to
Supplemental Rule (D), the Court may order that process be returnable at a time shorter than that
prescribed by Rule 12(a), Fed.R.Civ.P.
If the Court shortens the time, the Court shall specify the date upon which the answer must be
filed, and may also set a hearing date to expedite the disposition of the possessory action. When
possible, possessory actions shall be given preference on a judicial officer’s calendar.
RULE E. ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS
(1) Statement of Itemized Damages and Expenses Required. Every complaint in a
Supplemental Rule (B) and (C) action shall state the amount of the debt, damages, or salvage for
which the action is brought. In addition, the statement shall also specify the amount of any
unliquidated claims, including attorneys’ fees.
(2) Requirements and Procedures for Effecting Intervention. Whenever a vessel or other
property is arrested or attached in accordance 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 shall be required to present their claim as
indicated below:
(a) Intervention of Right When No Sale of the Vessel or Property Is Pending. Except as
limited by Local Admiralty Rule E(2)(b), any person having a claim against a vessel or
property previously arrested or attached by the Marshal may, as a matter of right, file an
intervening complaint at any time before an order is entered by the Court scheduling the vessel or
property for sale.
Coincident with the filing of an intervening complaint, the offering party shall prepare and file a
supplemental warrant of arrest and/or a supplemental process of attachment and garnishment.
Upon receipt of the intervening complaint and supplemental process, the Clerk shall conform a
copy of the intervening complaint and shall issue the supplemental process. Thereafter, the
offering party shall 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 shall re-arrest or re-attach the vessel or property in the name of the
intervening plaintiff.
Counsel for the intervening party shall serve a copy of the intervening complaint, and copies of all
process and exhibits upon all other counsel of record, and shall thereafter file a certificate of
service with the Clerk indicating the manner and date of service.
(b) Permissive Intervention When the Vessel or Property Has Been Scheduled for Sale by the
Court. Except as indicated below, and subject to any other rule or order of this Court, no person
shall have an automatic right to intervene in an action where the Court has ordered the sale of the
vessel or property, and the date of the sale is set within fifteen (15) days from the date the party
moves for permission to intervene in accordance with this subsection. In such cases, the person
seeking permission to intervene must:
(1) File a motion to intervene and indicate in the caption of the motion a request for expedited
hearing when appropriate;
(2) Include a copy of the anticipated intervening complaint as an exhibit to the motion to
intervene;
(3) Prepare and offer for filing a supplemental warrant of arrest and/or a supplemental process of
attachment and garnishment;
(4) Serve copies of the motion to intervene, with exhibits and proposed supplemental process
upon every other party to the litigation; and
(5) File a certificate of service indicating the date and manner of service.
Thereafter, the Court may permit intervention under such conditions and terms as are
equitable to the interests of all parties; and if intervention is permitted, shall also direct the Clerk
to issue the supplemental process.
Upon receipt of the order permitting intervention, the Clerk shall file the originally signed
intervening complaint, conform a copy of the intervening complaint and issue the supplemental
process.
Thereafter, the offering party shall 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 shall re-arrest or re-attach the vessel or property in the name of
the intervening plaintiff.
Counsel for the intervening party shall also serve a copy of the intervening complaint,
exhibits, and supplemental process upon every other party of record and shall thereafter file a
Certificate of Service with the Clerk indicating the manner and date of service.
(3) Special Requirements for Salvage Actions. In cases of salvage, the complaint shall
also state to the extent known, the value of the hull, cargo, freight, and other property salvaged,
the amount claimed, the names of the principal salvors, and that the suit is instituted in their
behalf and in behalf of all other persons associated with them.
In addition to these special pleading requirements, plaintiff shall attach as an exhibit to the
complaint a list of all known salvors, and all persons believed entitled to share in the salvage.
Plaintiff shall also attach a copy of any agreement of consortship available and known to exist
among them collegially or individually.
(4) Form and Amount of Stipulation or Bonds. Stipulations or bonds in admiralty and
maritime actions need not be under seal and may be executed by the agent or attorney of the
stipulator or obligor. Stipulations 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.
(a) Seaman’s Wage Claims: Actions initiated by seamen pursuant to 28 U.S.C. 1916 may be filed
without prepaying fees or costs or furnishing security therefor.
(b) Security for Costs: In an action under the Supplemental Rules, other than an action solely in
personam, the plaintiff, and any intervenor, shall file with its initial pleading a stipulation for
costs in the principal sum of $500.00 as security for all costs awarded against the plaintiff or
intervenor by this court or any appellate court which shall be deposited into the registry of the
court. No motion made by a plaintiff or intervenor will be considered by the Court until the
security for costs is deposited. A party may move for an order increasing the amount of security
for costs or for return of the balance upon conclusion of the action. In an action for limitation of
liability, the amount of security for costs under Supplemental Rule F(1) may be combined with
the security for value and interest unless otherwise ordered.
(c) Actions in Forma Pauperis: An action under these rules may be maintained in forma pauperis
by express allowance of the court upon motion by the party. Where a party is allowed to
proceed in forma pauperis, no stipulation for costs shall be required.
(5) Deposit of Marshal’s Fees and Expenses Required Prior to Effecting Arrest,
Attachment and/or Garnishment.
(a) Deposit Required Before Seizure. Any party seeking the arrest or attachment of property in
accordance with Supplemental Rule (E) shall 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 ten
(10) days. The Marshal is not required to execute process until the deposit is made.
(b) Proration of Marshal’s Fees and Expenses Upon Intervention. When one or more
parties intervene pursuant to Local Admiralty Rule E(2)(a) or (b), the burden of advancing sums
to the Marshal sufficient to cover the Marshal’s fees and expenses shall be allocated equitably
between the original plaintiff, and the intervening party or parties as indicated below:
(1) Stipulation for the Allocation and Payment of the Marshal’s Fees and Expenses.
Immediately upon the filing of the intervening complaint, counsel for the intervening
plaintiff shall arrange for a conference between all other parties to the action, at which
time a good faith effort shall be made to allocate fees and expenses among the parties.
Any resulting stipulation between the parties shall be codified and filed with the Court
and a copy served upon the Marshal.
(2) Allocation of Costs and Expenses in the Event That Counsel Cannot Stipulate. The Court
expects that counsel will resolve the allocation of costs and expenses in accordance with the
preceding paragraph. In the event that such an arrangement cannot be made, the parties shall share
in the fees and expenses of the Marshal in proportion to their claims as stated in the original and
intervening complaints.
In order to determine the proportionate shares of each party, counsel for the last intervening
plaintiff shall determine the total amounts claimed by each party. The individual claims shall be
determined from the original and amended complaint, and all
other intervening complaints subsequently accepted and processed by the Marshal in
accordance with Local Admiralty Rule E(2)(a) or (b).
Thereafter, counsel for the last intervening plaintiff shall deliver to the Marshal a list
which summarizes each party’s claim, and the proportion which each party’s claim bears to the
aggregate claims asserted in the litigation, determined to the nearest one-tenth of one percentage
point.
Upon receipt of this listing, the Marshal shall determine the total expenses incurred to
date and shall estimate the expenses to be incurred during the next ten (10) days. For the purpose
of making this calculation, the total fees and expenses shall be calculated 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 shall then apply the percentages determined in the listing, and shall compute the
amount of the intervening party’s initial deposit requirements. The Marshal shall also utilize this
listing to compute any additional deposit requirements which may be necessary pursuant to Local
Admiralty Rule E(5)(c).
The Marshal need not re-arrest or re-attach the vessel and/or property until the deposit is received
from the intervening plaintiff.
(c) Additional Deposit Requirements. Until the property arrested or attached and garnished has
been released or otherwise disposed of in accordance with Supplemental Rule (E), the Marshal
may require from any original and intervening party who has 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.
(d) Judicial Relief From Deposit Requirements. Any party aggrieved by the deposit requirements
of Local Admiralty Rule E(5)(b) may apply to the Court for relief. Such application shall be
predicated upon 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 judicial officer may adjust the deposit requirements, but in no event shall the proportion
required of an aggrieved party be reduced to a percentage less than that imposed upon the
claimant whose claim is the smallest among that of claims which the aggrieved party stipulates as
having priority over its claim; or, in the absence of such stipulation, the greatest percentage
imposed upon any claimant participating in the deposit requirements.
(e) 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 for the purpose of seeking relief from this rule. Additionally, the
Marshal shall notify the Court in writing whenever any party fails to make additional deposits as
required by Local Admiralty Rule E(5)(c).
In the event that a party questions its obligations to advance monies required by this rule, the
Marshal may apply to the Court for instructions concerning that party’s obligation under the rule.
(6) Property in Possession of a United States Officer. Whenever the property to be arrested or
attached is in custody of a U.S. officer, the Marshal shall serve the appropriate process upon the
officer or employee; or, if the officer or employee is not found within the district, then to the
custodian of the property within the district. The Marshal shall direct the officer, employee or
custodian not to relinquish custody of the property until ordered to do so by the Court.
(7) Process Held in Abeyance.
(a) When Permitted. In accordance with Supplemental Rule (E)(3)(b), a plaintiff may ask the
Clerk not to issue process, but rather to hold the process in abeyance. The Clerk shall docket this
request, and thereafter shall not be responsible for ensuring that process is issued at a later date.
(b) When Intervention Is Subsequently Required. It is the intention of these rules that a vessel or
other property should be arrested or attached pursuant to process issued and effected in only one
civil action. Therefore, if while process is held in abeyance on one action, the vessel or property is
arrested or attached in another action, it shall be the responsibility of the plaintiff who originally
requested process be held in abeyance in the first action to voluntarily dismiss without prejudice
the first action, insofar as that action seeks to proceed against the property arrested or attached in
the second action, and promptly intervene in the second action pursuant to Local Admiralty Rule
E(2)(a) or (b).
In order to prevent undue hardship or manifest injustice, motions to consolidate in rem
actions against the same vessel or property will be granted only in exceptional circumstances.
(8) Release of Property in Accordance With Supplemental Rule (E)(5).
(a) 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 in the Marshal’s possession to
the party on whose behalf the property is detained. However, as a precondition to release, the
Marshal shall require a stipulation, bond, or other security, expressly authorizing the release. The
authorizing instrument shall be signed by the party, or the party’s attorney, on whose behalf the
property is detained.
The stipulation, bond, or other security shall be posted in an amount equal to, or greater than, the
amount required for the following types of action:
(1) Actions Entirely for a Sum Certain. The amount alleged to be due in the complaint, with
interest at six percent (6%) per annum from the date claimed to be due to a date twenty-four (24)
months after the date the claim was filed, or by filing an approved stipulation, or bond for the
amount alleged plus interest as computed in this subsection.
The stipulation or bond shall be conditioned to abide by all orders of the Court, and to pay the
amount of any final judgment entered by this Court or any appellate Court, with interest.
(2) Actions Other Than Possessory, Petitory or Partition. Unless otherwise ordered by the Court,
the amount of the appraised or agreed value of the property seized, with interest. If an appraised
value cannot be agreed upon by the parties, the Court shall order an appraisal in accordance with
Local Admiralty Rule F(3).
The stipulation or bond shall be conditioned to abide by all orders of the Court, and to pay the
amount of any final judgment entered by this Court or any appellate Court, with interest.
The person consenting or stipulating to the release shall also file a claim in accordance with Local
Admiralty Rule E(2)(a) or (b).
(3) Possessory, Petitory or Partition Actions. The Marshal may release property in these actions
only upon order of Court, and upon the subsequent deposit of security and compliance with such
terms and/or conditions as the Court deems appropriate.
(b) Release Pursuant to Court Order. In accordance with Supplemental Rule (E)(5)(c),
a party may petition to release the vessel pursuant to Court order. A party making such
application shall file a Request for Release which shall substantially conform in format and
content to the form identified as NDF 8 in the Appendix to these Local Admiralty Rules.
Additionally, the party shall prepare, and offer for filing, a proposed order directing the release.
This order shall substantially conform in format and content to the form identified as NDF 9 in
the Appendix to these Local Admiralty Rules.
However, as a precondition to the release, the Marshal shall require a stipulation, bond, or other
security, as specified in Local Admiralty Rule E(8)(a)(1), (2) or (3), as appropriate.
(c) Upon the Dismissal or Discontinuance of an Action. Upon dismissal of an action by an order
of the Court or upon filing a notice of voluntary dismissal, a party may obtain release of any
vessel, cargo, or property by coordinating with the Marshal to ensure that all costs and charges of
the Court and its officers have first been paid.
(d) Release Subsequent to the Posting of a General Bond.
(1) Requirements of a General Bond. General bonds filed pursuant to Supplemental Rule
(E)(5)(b) shall identify the vessel by name, nationality, dimensions, official number
or registration number, hailing port and port of documentation.
(2) Responsibility for Maintaining a Current Listing of General Bonds. The Clerk shall maintain a
current listing of all general bonds. This listing should be maintained in alphabetical order by
name of the vessel. The listing will be available for inspection during normal business hours.
(3) Execution of Process. The arrest of a vessel covered by a general bond shall be stayed in
accordance with Supplemental Rule (E)(5)(b), however, the Marshal shall serve a copy of the
complaint upon 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
shall make the return accordingly.
Thereafter, it shall be plaintiff’s responsibility to advise the owner or designated agent,
at the address furnished in the general bond, of (1) the case number, (2) nature of the
action and the amount claimed; (3) the plaintiff and name and address of plaintiff’s attorney; and
(4) the return date for filing a claim.
(9) Application to Modify Security for Value and Interest. At any time, any party having an
interest in the subject matter of the action may move the Court, on due notice and for cause, for
greater, better or lesser security, and any such order may be enforced by attachment or as
otherwise provided by law.
(10) Custody and Safekeeping.
(a) Initial Responsibility. The Marshal shall initially take custody of any vessel, cargo
and/or other property arrested, or attached in accordance with these rules. Thereafter, and until
such time as substitute custodians may be authorized in accordance with Local Admiralty Rule
E(10)(c), the Marshal shall be responsible for providing adequate and necessary security for the
safekeeping of the vessel or property. In the discretion of the Marshal, adequate and necessary
security may include the placing of keepers on or near the vessel and/or the appointment of a
facility or person to serve as a custodian of the vessel or property.
(b) Limitations on the Handling, Repairing and Subsequent Movement of Vessels or Property.
Subsequent to the arrest or attachment of a vessel or property, and except as provided in Local
Admiralty Rule E(10)(a), no person may handle cargo, conduct repairs, or move a vessel without
prior order of Court. Notwithstanding the foregoing, the custodian or substitute custodian is
obligated to comply with any orders issued by the Captain of the Port, United States Coast Guard,
including an order to move the vessel; and to comply with any applicable federal, state, or local
laws or regulations pertaining to vessel and port safety. Any movement of a vessel pursuant to
such requirements must not remove the vessel from the Northern District of Florida and shall be
reported to the Court within twenty-four (24) hours of the vessel’s movement.
(c) Procedures for Changing Custody Arrangements. Any party may petition the Court
to dispense with keepers, remove or place the vessel, cargo and/or other property at a specified
facility, designate a substitute custodian for the vessel or cargo, or for other similar relief. The
motion shall substantially conform in format and content to the form identified as NDF 5 in the
Appendix of these Local Admiralty Rules.
(1) Notification of the Marshal Required. When an application for change in custody
arrangements is filed, either before or after the Marshal has taken custody of the vessel or
property, the filing party shall serve notice of the application on the Marshal in sufficient time to
permit the Marshal to review the indemnification and insurance arrangements of the filing party
and substitute custodian. The application shall also be
served upon all other parties to the litigation.
(2) Indemnification Requirements. Any motion for the appointment of a substitute custodian or
facility shall include as an exhibit to the motion, a consent and indemnification agreement signed
by both the filing party, or the filing party’s attorney, and the proposed substitute custodian.
The consent and indemnification agreement shall expressly release the Marshal from any and all
liability and responsibility for the care and custody of the property while in the hands of the
substitute custodian; and shall expressly hold the Marshal harmless from any and all claims
whatsoever arising from the substitute custodianship. The agreement shall substantially conform
in format and content to the form identified as NDF 6 in the Appendix to these Local Admiralty
Rules.
(3) Court Approval Required. The motion to change custody arrangements, and indemnification
and consent agreement shall be referred to a judicial officer who shall determine whether the
facility or substitute custodian is capable of safely keeping the vessel, cargo and/or property.
(d) Insurance Requirements.
(1) Responsibility for Initially Obtaining Insurance. Concurrent with the arrest or attachment of a
vessel or property, the Marshal shall obtain insurance to protect the Marshal, the Marshal’s
deputies, keepers, and custodians from liability arising from the arrest or attachment.
The insurance shall also protect the Marshal and the Marshal’s deputies or agents from
any liability arising from performing services undertaken to protect the vessel, cargo and/or
property while that property is in the custody of the Court.
(2) Payment of Insurance Premiums. It shall be the responsibility of the party applying for the
arrest or attachment of a vessel, cargo and/or property to promptly reimburse the Marshal for
premiums paid to effect the necessary insurance.
The party applying for change in custody arrangements shall be responsible for paying the
Marshal for any additional premium associated with the change.
(3) Taxation of Insurance Premiums. The premiums charged for the liability insurance will be
taxed as an expense of custody while the vessel, cargo and/or property is in custodia legis.
(11) Preservation, Humanitarian and Repatriation Expenses.
(a) Limitations on Reimbursement for Services and/or Supplies Provided to a Vessel or
Property in Custody. Except in cases of emergency or undue hardship, no person will be entitled
to claim as an expense of administration the costs of services or supplies furnished to a vessel,
cargo and/or property unless such services or supplies have been furnished to the Marshal upon
the Marshal’s order, or pursuant to an order of this Court.
Any order issued pursuant to this subsection shall require the person furnishing the services or
supplies to file a weekly invoice. This invoice shall be set forth in the format prescribed in Local
Admiralty Rule E(11)(e).
(b) 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/or
property in custody for the purpose of preventing the vessel, cargo and/or property from suffering
loss or undue deterioration.
(c) Expenses for Care and Maintenance of a Crew. Except in an emergency, or upon the
authorization of a judicial officer, neither the Marshal nor substitute custodian shall incur
expenses for feeding or otherwise maintaining the crew.
Applications for providing food, water and necessary medical services for the maintenance of the
crew may be submitted, and decided ex parte by a judicial officer, providing such an application
is made by some person other than the owner, manager or general agent of the vessel.
Such applications must be filed within thirty (30) days from the date of the vessel’s initial seizure.
Otherwise, except in the case of an emergency, such applications shall be filed and served upon
all parties, who in turn shall have ten (10) days from receipt of the application to file a written
response. Expenses for feeding or otherwise maintaining the crew, when incurred in accordance
with this subsection, shall be taxed as an expense of administration and not as an expense of
custody.
(d) Repatriation Expenses. Absent an order of Court expressly ordering the repatriation
of the crew and/or passengers, and directing that the expenses be taxed as a cost of
administration, no person shall be entitled to claim these expenses as expenses of administration.
(e) Claim by a Supplier for Payment of Charges. Any person who claims payment for
furnishing services or supplies in compliance with Local Admiralty Rule E(11), shall submit an
invoice to the Marshal’s office for review and approval.
The claim shall be presented in the form of a verified claim, and shall be submitted within a
reasonable time after furnishing the services or supplies, but in no event shall a claim be accepted
after the vessel, or property has been released. The claimant shall file a copy of the verified claim
with the Marshal, and also serve the substitute custodian and all other parties to the litigation.
The Marshal shall review the claim, make adjustments or recommendations to the claim as are
appropriate, and shall thereafter forward the claim to the Court for approval. The Court may
postpone the hearing on an individual claim until a hearing can be set to consolidate other claims
against the property.
(12) Property in Incidental Custody and Otherwise Not Subject to the Arrest or
Attachment.
(a) Authority to Preserve Cargo in Incidental Custody. The Marshal, or an authorized
substitute custodian, shall be 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 property may include, but shall not be limited to, laden cargo not itself the subject of
the arrest or attachment.
The Marshal or other custodian shall 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 shall be
required, as a precondition of receiving possession, to reimburse the Marshal for such separately
accounted expenses. Funds received by the Marshal will be credited against both the expense of
custody and administration.
(b) Separation, Storage and Preservation of Property in Incidental Custody. Any party,
or the Marshal, may petition the Court 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 pursuant to Local Admiralty Rule E(16); the costs
of such separation shall be treated as an expense of preservation and taxed as a cost of custody.
(c) Disposal of Unclaimed Property. Property incidentally in custody and not subsequently
claimed by any person entitled to possession, shall be disposed of in accordance 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 shall be applied to offset the expense of administration,
with the remainder escheating to the United States of America as provided by law.
(13) Dismissal.
(1) By Consent. No action may be dismissed pursuant to Fed.R.Civ.P. 41(a) unless all costs and
expenses of the Court and its officials have first been paid.
Additionally, if there is more than one plaintiff or intervening plaintiff, no dismissal may
be taken by a plaintiff unless that party’s proportionate share of costs and expenses has been paid
in accordance with Local Admiralty Rule E(6).
(2) Involuntary Dismissal. If the Court enters a dismissal pursuant to Fed.R.Civ.P. 41(b), the
Court shall also designate the costs and expenses to be paid by the party or parties so dismissed.
(14) Judgments.
(1) Expenses of Sureties as Costs. If costs are awarded to any party, then all reasonable premiums
or expenses paid by the prevailing party on bonds, stipulations and/or other security shall be taxed
as costs in the case.
(2) Costs of Arrest or Attachment. If costs are awarded to any party, then all reasonable expenses
paid by the prevailing party incidental to, or arising from the arrest or attachment of any vessel,
property and/or cargo shall be taxed as costs in the case.
(15) Stay of Final Order.
(a) Automatic Stay for Ten (10) Days. In accordance with Fed.R.Civ.P. 62(a), no execution shall
issue upon a judgment, nor shall seized property be released pursuant to a judgment or dismissal,
until ten (10) days after the entry of the judgment or order of dismissal.
(b) Stays Beyond the Ten (10) Day Period. If within the ten (10) day period established
by Fed.R.Civ.P. 62(a), a party files any of the motions contemplated in Fed.R.Civ.P. 62(b), or a
notice of appeal, then unless otherwise ordered by the Court, a further stay shall exist for a period
not to exceed thirty (30) days from the entry of the judgment or order. The purpose of this
additional stay is to permit the Court to consider an application for the establishment of a
supersedeas bond, and to order the date upon which the bond shall be filed with the Court.
(16) Notice of Sale.
(a) 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 shall publish
notice in any of the newspapers approved pursuant to Local Admiralty Rule A(7).
(b) Duration of Publication. Unless otherwise ordered by the Court, applicable Supplemental
Rule, or Local Admiralty Rule, publication of the notice of sale shall be made at least twice; the
first publication shall be at least one (1) calendar week prior to the date of the sale, and the second
at least three (3) calendar days prior to the date of the sale.
(17) Sale of a Vessel or Property.
(a) Payment of the Purchase Price. Unless otherwise provided in the order of sale, the person
whose bid is accepted shall pay the Marshal the purchase price in the manner provided below;
(1) If the Bid Is Not More Than $500.00. The successful bidder shall immediately pay the full
purchase price.
(2) If the Bid Is More Than $500.00. The bidder shall immediately deposit with the Marshal
$500.00, or 10% of the bid, whichever sum is greater. Thereafter the bidder shall pay the
remaining purchase price within three (3) working days.
If an objection to the sale is filed within the time permitted by Local Admiralty Rule E(17)(g), the
successful bidder is excused from paying the remaining purchase price until three (3) working
days after the Court confirms the sale.
(b) Method of Payment. Unless otherwise ordered by the Court, payments to the Marshal shall be
made in cash, certified check or cashier=s check.
(c) Custodial Costs Pending Payment. When a successful bidder fails to pay the balance of the bid
within the time allowed by Local Admiralty Rule E (17)(a)(2), or within the time permitted by
order of the Court, the Marshal shall 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 have been paid.
(d) Default for Failure to Pay the Balance. The person who fails to pay the balance of the bid
within the time allowed shall be deemed to be in default. Thereafter a judicial officer may order
that the sale be awarded to the second highest bidder, or may order a new sale as appropriate.
Any sum deposited by the bidder in default shall be forfeited, and the amount shall be
applied by the Marshal to any additional costs incurred because of the forfeiture and default,
including costs incident to resale. The balance of the deposit, if any, shall be retained in the
registry and subject to further order of the Court.
(e) Marshal’s Report of Sale. At the conclusion of the sale, the Marshal shall file a written report
of the sale to include the date of the sale, the price obtained, and the name and address of the
buyer.
(f) Confirmation of Sale. Unless an objection is timely filed in accordance with this rule,
or the purchaser is in default for failing to pay the balance of the purchase price, plaintiff shall
proceed to have the sale confirmed on the day following the last day for filing objections.
In order to confirm the sale, plaintiff’s counsel shall file a “Request for Confirmation of Sale”
following the last day for filing an objection. The “Request for Confirmation of Sale” shall
substantially conform in format and content to the form identified as NDF 10 in the Appendix to
these Local Admiralty Rules. Plaintiff’s counsel shall also prepare and offer for filing a
“Confirmation of the Sale”. The “Confirmation of Sale” shall substantially conform in format and
content to the form identified as NDF 11 in the Appendix to these Local Admiralty Rules.
Thereafter, the Clerk shall file and docket the confirmation and shall promptly transmit a certified
copy of the “Confirmation of Sale” to the Marshal’s office.
Unless otherwise ordered by the Court, if the plaintiff fails to timely file the “Request for
Confirmation of Sale” and proposed “Confirmation of Sale”, the Marshal shall assess any
continuing costs or expenses for custody of the vessel or property against the plaintiff.
(g) Objections to Confirmation.
(1) Time for Filing Objections. Unless otherwise permitted by the Court, an objection must be
filed within three (3) working days following the sale. The party or person filing an objection
shall serve a copy of the objection upon the Marshal and all other parties to the action, and shall
also file a Certificate of Service indicating the date and manner of service. Opposition to the
objection must be filed within five (5) days after receipt of the objection of the sale.
The Court shall consider the objection, and any opposition to the objection, and shall
confirm the sale, order a new sale, or grant other relief as appropriate.
(2) Deposit of Preservation or Maintenance Costs. In addition to filing written objections, any
person objecting to the sale shall also deposit with the Marshal the cost of keeping the property
for at least seven (7) days. Proof of the deposit with the Marshal’s office shall be delivered to the
Clerk’s office by the moving party. The Court 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 upon Court order.
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 the objection was filed
until the sale is confirmed. Any remaining deposit will be returned to the objector upon order of
Court.
(h) Confirmation of Title. Failure of a party to give the required notice of an action and arrest of
a vessel, property and/or cargo, or failure to give 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.
(18) Post-sale Claim. Claims against the proceeds of a sale authorized by these rules, except for
seamen’s wages, will not be admitted on behalf of lienors who file their claims after the sale.
Unless otherwise ordered by the Court, any claims filed after the date of the sale shall be limited
to the remnants and surplus arising from the sale.
RULE F. ACTIONS TO LIMIT LIABILITY
(1) Publication of the Notice. Immediately upon the commencement of an action to limit liability
pursuant to Supplemental Rule (F), plaintiff shall, without further order of Court, effect
publication of the notice in accordance with the provisions set forth in Supplemental Rule (F)(4)
and Local Admiralty Rule A(7).
(2) Proof of Publication. Plaintiff shall file proof of publication not later than the return date. It
shall be sufficient proof for plaintiff to file the sworn statement by, or on behalf of, the publisher
or editor, indicating the dates of publication, along with a copy or reproduction of the actual
publication.
(3) Appraisals Pursuant to Supplemental Rule (F)(7). Upon the filing of a claimant’s motion
pursuant to Supplemental Rule (F)(7), demanding an increase in the funds deposited in Court or
the security given by plaintiff, the Court shall order an appraisement of the value of the plaintiff’s
interest in the vessel and pending cargo. Upon receipt of the order directing the appraisal, the
parties shall have three (3) working days to file a written stipulation to an appraiser. In the event
that the parties do not file a stipulation, the Court shall appoint the appraiser.
The appraiser shall promptly conduct an appraisal and thereafter file the appraisal with the Clerk
and serve a copy of the appraisal upon the moving party and the plaintiff. The appraiser shall also
file a Certificate of Service indicating the date and manner in which service was perfected.
(4) Objections to the Appraisal. Any party may move to set aside the appraisal within ten (10)
days following the filing of the appraisal with the Clerk.
(5) Fees of the Appraiser. The Court shall establish the fee to be paid the appraiser. Unless
otherwise ordered by the Court, the fee shall be taxed against the party seeking relief under
Supplemental Rule (F)(7).
APPENDIX OF FORMS.
ADMIRALTY AND MARITIME RULES
FORM 1. ORDER DIRECTING THE ISSUANCE OF THE PROCESS
OF ATTACHMENT AND GARNISHMENT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)
“IN ADMIRALTY”
Plaintiff,
v.
Defendant.
_________________________
Pursuant to Supplemental Rule (B)(1) and Local Admiralty Rule B(3)(a), the Clerk is directed to
issue the summons and process of attachment and garnishment in the above-styled action.
DONE AND ORDERED at ____________, Florida, this ______ day of ____________,
________.
______________________________
United States District Judge
FORM 2. PROCESS OF ATTACHMENT AND GARNISHMENT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)
“IN ADMIRALTY”
Plaintiff,
v.
Defendant.
_________________________
PROCESS OF ATTACHMENT
AND GARNISHMENT
The complaint in the above-styled case was filed in the __________ Division of this Court on
____________, ______.
In accordance with Supplemental Rule (B) of Certain Admiralty and Maritime Claims of the
Federal Rules of Civil Procedure and Local Admiralty Rule B, you are directed to attach and garnish
the property indicated below:
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 shall also give notice of the attachment and garnishment to every person required by
appropriate Supplemental Rule, Local Admiralty Rule, and the practices of your office.
DATED at ____________, Florida, this ______ day of ____________, ______.
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)
(Facsimile Number)
(E-Mail Address)
SPECIAL NOTICE
Any person claiming an interest in property seized pursuant to this process of attachment and
garnishment must file a claim in accordance with the post-seizure review provisions of Local
Admiralty Rule B(5).
FORM 3. ORDER DIRECTING THE ISSUANCE OF THE WARRANT OF ARREST
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)
“IN ADMIRALTY”
Plaintiff,
v.
Defendant.
_________________________
ORDER DIRECTING THE ISSUANCE
OF THE WARRANT OF ARREST
AND/OR SUMMONS
Pursuant to Supplemental Rule (C)(1) and Local Admiralty Rule C(2)(a), the Clerk is directed to
issue a warrant of arrest and/or summons in the above-styled action.
DONE AND ORDERED at ____________, Florida, this ______ day of ____________,
________.
_____________________________________
United States District Judge
FORM 4. WARRANT FOR ARREST IN REM
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)
“IN ADMIRALTY’
Plaintiff,
v.
Defendant.
_________________________
WARRANT FOR ARREST IN REM
TO THE UNITED STATES MARSHAL
FOR THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
The complaint in the above-styled in rem proceeding was filed in the __________ Division of this
Court on ____________, _____.
In accordance with Supplemental Rule (C) for Certain Admiralty and Maritime Claims of the
Federal Rules of Civil Procedure and Local Admiralty Rule C, you are directed to arrest the
Defendant vessel, her boats, tackle, apparel and furniture, engines and appurtenances, and to detain
the same in your custody pending further order of the Court.
You shall also give notice of the arrest to all persons required by appropriate Supplemental Rule,
Local Admiralty Rule, and the practices of your office.
ORDERED at ____________, Florida, this ______ day of ____________, _____.
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)
(Facsimile Number)
(E-Mail Address)
cc: Counsel of Record
SPECIAL NOTICE
In accordance with Local Admiralty Rule C(6), any person claiming an interest in the vessel and/or
property shall be required to file a claim within ten (10) days after process has been executed, and
shall also be required to file an answer within twenty (20) days after the filing of his claim.
Any persons claiming an interest in the vessel and/or property may also pursue the
post-arrest remedies set forth in Local Admiralty Rule C(7).
FORM 5. MOTION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)
“IN ADMIRALTY”
Plaintiff,
v.
Defendant.
_________________________
MOTION FOR APPOINTMENT OF
SUBSTITUTE CUSTODIAN
Pursuant to Local Admiralty Rule E(10)(c), Plaintiff ____________________, by and through the
undersigned attorney, represents the following:
(1) On ____________, _____, Plaintiff initiated the above-styled action against the
vessel____________________________, her boats, tackle, apparel, furniture and furnishings,
equipment, engines and appurtenances.
(2) On ____________, _____, 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 of this Court.
(3)(a) Subsequent to the issuance of the Warrant of Arrest, the marshal will take steps to
immediately seize the vessel. Thereafter, continual custody by the marshal will require the services
of at least one custodian at a cost of at least $____________ per day. (This paragraph would be
applicable only when the motion for appointment is filed concurrent with the complaint and
application for the warrant of arrest.)
-or-
(3)(b) Pursuant to the previously issued Warrant of Arrest, the Marshal has already arrested the
vessel. Continued custody by the Marshal requires the services of ____________ custodians at a
cost of at least $____________ per day. (This paragraph would be applicable in all cases where the
Marshal has previously 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 has also agreed to continue to provide these services pending further order
of this Court.
(5) The substitute custodian has adequate facilities for the care, maintenance and security of the
vessel. In discharging its obligation to care for, maintain and secure the vessel, the Substitute
Custodian shall comply with all orders of the Captain of the Port, United States Coast Guard,
including but not limited to, an order to move the vessel; and any applicable federal, state, and local
laws, regulations and requirements pertaining to vessel and port safety. The Substitute Custodian
shall advise the Court, the parties to the action, and the United States Marshal, of any movement of
the vessel pursuant to an order of the Captain of the Port, within twenty-four (24) hours of such
vessel movement.
(6) Concurrent with the Court’s approval of the Motion for Appointment of the Substitute
Custodian, Plaintiff and the Substitute Custodian will file a Consent and Indemnification
Agreement in accordance with Local Admiralty Rule E(10)(c)(2).
THEREFORE, in accordance with the representations set forth in this instrument, and subject to
the filing of the indemnification agreement noted in paragraph (6) above, Plaintiff requests this
Court to enter an order appointing ____________ as the Substitute Custodian for the vessel
______________________.
DATED at ____________, Florida, this ______ day of ____________, _____.
____________________________________
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
Facsimile Number
E-Mail Address
cc: Counsel of Record
Substitute Custodian
SPECIAL NOTE
Plaintiff’s attorney shall also prepare for the Court=s signature and subsequent filing, a proposed
order for the Appointment of Substitute Custodian.
FORM 6. CONSENT AND INDEMNIFICATION AGREEMENT FOR THE
APPOINTMENT OF A SUBSTITUTE CUSTODIAN
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)
“IN ADMIRALTY”
Plaintiff,
v.
Defendant.
________________________
CONSENT AND INDEMNIFICATION AGREEMENT
FOR THE APPOINTMENT
OF A SUBSTITUTE CUSTODIAN
Plaintiff ____________________, (by the undersigned attorney) 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
whatsoever arising during the period of the substitute custodianship.
As counsel of record in this action, the undersigned attorney represents that he has been expressly
authorized by the Plaintiff to sign this Consent and Indemnification Agreement for, and on behalf
of the Plaintiff.
SIGNED this ______ day of ____________, _______, at ____________, Florida.
_______________________ _________________________
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
Facsimile Number Facsimile Number
E-Mail Address E-Mail Address
cc: Counsel of Record
FORM 7. NOTICE OF ACTION IN REM AND ARREST OF VESSEL
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)
“IN ADMIRALTY”
Plaintiff,
v.
Defendant.
_________________________
NOTICE OF ACTION IN REM
AND ARREST OF VESSEL
In accordance with Supplemental Rule (C)(4) for Certain Admiralty and Maritime Action of the
Federal Rules of Civil Procedure, and Local Admiralty Rule C(4), notice is hereby given of the
arrest of ____________________, on ___________, ______, in accordance with a Warrant of
Arrest issued on ____________, ________.
Pursuant to Supplemental Rule (C)(6), and Local Admiralty Rule C(6), any person having a claim
against the vessel and/or property shall file a claim with the Court not later than ten (10) days after
process has been effected, or as otherwise provided in Supplemental Rule (C)(6), and shall serve
an answer within twenty (20) days from the date of filing their claim.
DATED at ____________, Florida, this ______ day of ____________, ______.
_________________________________________
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
Facsimile Number
E-Mail Address
cc: Counsel of Record
FORM 8. MOTION FOR RELEASE OF A VESSEL OR PROPERTY IN ACCORDANCE
WITH SUPPLEMENTAL RULE (E)(5)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)
“IN ADMIRALTY”
Plaintiff,
v.
Defendant.
_________________________
MOTION FOR RELEASE OF A VESSEL OR
PROPERTY IN ACCORDANCE WITH SUPPLEMENTAL RULE (E)(5)
In accordance with Supplemental Rule (E)(5) and Local Admiralty Rule E(8)(b), plaintiff, on whose
behalf property has been seized, requests the Court to enter an Order directing the United States
Marshal for the Northern District of Florida to release the property. This request is made for the
following reasons:
(Describe the reasons in sufficient detail to permit the Court to enter an appropriate order.)
DATED at ____________, Florida, this ______ day of ____________, ______.
_________________________________________
SIGNED NAME OF PLAINTIFF’S ATTORNEY
Typed Name of Counsel
Fla. Bar ID No. (if admitted in Fla.)
Fi
