[Repealed December 1, 2011; reserved for future use.]
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 Federal
Rule of Civil Procedure 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 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 Federal Rule of Civil
Procedure 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 by Local Admiralty or
Supplemental Rule, whenever a notice is required to be published by any statute of the United
States, or by any Local Admiralty or Supplemental Rule, such notice shall be published at least
once, without further order of Court, in an approved newspaper of general circulation 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 Southern District of Florida where the
lawsuit is pending.
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, Federal Rule of Civil Procedure 9(h) process shall be by civil summons, and shall be
returnable twenty-one (21) 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) Forms. The forms presented on the Court’s website (www.flsd.uscourts.gov) provide an
illustration of the format and content of papers filed in admiralty and maritime actions within
the Southern District of Florida. While the forms are sufficient, they are neither mandatory nor
exhaustive.
Effective December 1, 1994. Amended effective April 15, 2007; April 15, 2010; April 15, 2011;
December 1, 2015; December 1, 2023; December 2, 2024.
Advisory Notes
(1994) These Local Admiralty Rules were amended in 1994 to make them gender neutral.
(1993) (a) General Comments. These Local Admiralty Rules were prepared and submitted to the
Court through the Rules Committee of the Southern District of Florida, at the request of a
Subcommittee of the Admiralty Law Committee of The Florida Bar.
The Local Admiralty and Maritime Rules are promulgated pursuant to this Court’s rule making
authority under Federal Rule of Civil Procedure 83, and have been drafted to complement the
Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil
Procedure.
The Committee has arranged these Local Admiralty Rules to correspond generally with the
ordering of the Supplemental Rules, e.g., Local Admiralty Rule A corresponds generally with
Supplemental Rule A, and each sequentially lettered Local Admiralty Rule addresses the subject
matter of the corresponding next-in-order Supplemental Rule.
Reference to the former Local Admiralty Rules refers to the former Local Rules of the Southern
District of Florida.
(b) Comments on Specific Sections. These Local Admiralty Rules are substantially similar to the
Local Rules for the Middle District and therefore provide for consistency and uniformity in
admiralty and maritime claims in the state.
A(1) and A(3) continue in substance former Local Admiralty Rule 1(a).
A(4) continues the “IN ADMIRALTY” designation requirements of former Local Admiralty Rule
7(a). Under the revised rule, the “IN ADMIRALTY” designation is required to be posted to all
complaints even if the complaint is filed as a Federal Rule of Civil Procedure 9(h) action and
jurisdiction would exist on another basis, e.g., federal question or diversity jurisdiction.
A(5) continues the requirements of former Local Admiralty Rule 8. A(6) continues the
requirements of former Local Admiralty Rule 2(a).
A(7) enlarges upon former Local Admiralty Rule 3(a) which addressed notice by publication only
in cases filed pursuant to Supplemental Rule C(4). The revised rule extends the publication
provisions to all Federal Rule of Civil Procedure 9(h) actions for which notice by publication is
required.
In addition, the existing provisions have been altered to require that the publication shall be made
both in the county where the vessel, or other property, was located at the time of arrest, attachment
or seizure; and if different, in the county within the Division of this Court in which the suit is
pending.
A(8) continues the requirements of former Local Admiralty Rule 2(c).
A(9) adopts the definition of “Court” provided in the Advisory Notes to the August 1, 1985,
amendments to the Supplemental Rules.
As defined in these Local Admiralty Rules, the terms “Court” or “judicial officer” shall extend to
United States Magistrates Judges assigned to the Southern District of Florida. The committee notes
that the delegation of the duties contemplated by this definition are consistent with the
jurisdictional grant to the United States Magistrate Judges as set forth in Title 28, United States
Code, Section 636(a).
Where the terms “Court” and “judicial officer” are not used, these Local Admiralty Rules
contemplate that without further order of Court, the responsibility of taking the specific action
shall be vested with a District Judge.
A(10) provides for that forms pertinent to the Local Admiralty Rules are found at the Court’s
website (www.flsd.uscourts.gov). The former Local Admiralty Rules incorporated the text of
some forms within the specific Local Admiralty Rules and included some forms in an appendix.
The forms (now found on the Court’s website) provide an alternate method of presenting the
format and content of necessary admiralty forms.
As noted in the revised Local Admiralty Rules, these forms are provided as examples, and are not
intended to be mandatory. In addition to the specific forms referred to in the Local Admiralty
Rules, the Court’s website also includes other commonly used admiralty forms for the use and
convenience of counsel.
(1998) These Local Admiralty Rules are amended in 1998 to correct scrivener’s errors and to
require the custodian or substitute custodian to comply with orders of the Captain of the Port,
United States Coast Guard.
(2010) Amended to conform tabulation to the style used in the federal rules of procedure.
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 Southern District of Florida with the summons and
complaint as provided by Federal Rule of Civil Procedure 4(e)(1) or (2), (g), or h(1).
(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 of the Court 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 of the Court to issue the process. This order shall substantially conform in
format and content to the form identified as SDF 1 on the Court’s website
(www.flsd.uscourts.gov).
Upon receipt of the signed order, the Clerk of the Court 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 of the Court 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 of
the Court 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 of the Court for filing and issuance.
The process of attachment and garnishment shall substantially conform in format
and content to the form identified as SDF 2 on the Court’s website
(www.flsd.uscourts.gov), and shall in all cases give adequate notice of the
postseizure 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 and serve 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 seven (7) 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.
(6) Procedural Requirement for the Entry of Default. In accordance with Federal Rule of Civil
Procedure 55, a party seeking the entry of default in a Supplemental Rule B action shall file
and serve 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 of the Court shall, where
appropriate, enter default in accordance with Federal Rule of Civil Procedure 55(a). Thereafter,
the Clerk of the Court 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 seven (7) days from the receipt of
the motion to file written opposition with the Court and serve the written opposition on all
parties. 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.
Effective December 1, 1994. Amended effective April 15, 1998; April 15, 2000; April 15, 2007;
April 15, 2010; April 15, 2011; December 1, 2014; December 1, 2015; December 2, 2019.
Advisory Notes
(1993) (a) General Comments. Local Admiralty Rule B is intended to enhance and codify the
local procedural requirements uniquely applicable to actions of maritime attachment and
garnishment under Supplemental Rule B. Other local procedural requirements involving actions
in rem and quasi in rem proceedings can be found in Local Admiralty Rule E.
When read in conjunction with Supplemental Rule B and E, Local Admiralty Rules B and E are
intended to provide a uniform and comprehensive method for constitutionally implementing the
long-standing and peculiar maritime rights of attachment and garnishment. The Committee
believes that Local Admiralty Rules B and E correct the deficiencies perceived by some courts to
exist in the implementation of this unique maritime provision. Schiffahartsgesellschaft Leonhardt
& Co. v. A. Bottacchi S.A. de Navegacion, 552 F.Supp. 771 (S.D.Ga.1982); Cooper Shipping
Company v. Century 21, 1983 A.M.C. 244 (M.D.Fla.1982); Crysen Shipping Co. v. Bona Shipping
Co., Ltd., 553 F.Supp. 139 (N.D.Fla.1982); and Grand Bahama Petroleum Co. v. Canadian
Transportation Agencies, Ltd., 450 F.Supp. 447 (W.D.Wa.1978), discussing Supplemental Rule
(B) proceedings in light of Fuentes v. Shevin, 407 U.S. 67, [92 S.Ct. 1983, 32 L.Ed.2d 556] (1972)
and Sniadach v. Family Finance Corp., 395 U.S. 337, [89 S.Ct. 1820, 23 L.Ed.2d 349] (1969).
Although the Committee is aware of the Eleventh Circuit’s decision in Schiffahartsgesellschaft
Leonhardt & Co. v. A. Bottacchi S.A. de Navegacion, 732 F.2d 1543 (1984), the Committee
believes that from both a commercial and legal viewpoint, the better practice is to incorporate the
pre-seizure scrutiny and post-attachment review provisions provided by this Local Admiralty Rule.
These provisions protect the rights of any person claiming an interest in the seized property by
permitting such persons to file a claim against the property, and thereafter permitting a judicial
determination of the propriety of the seizure.
(b) Comments on Specific Sections. Local Admiralty Rule B(1) codifies the governing law of
this Circuit as set forth in LaBanca v. Ostermunchner, 664 F.2d 65 (5th Cir., Unit B, 1981).
Local Admiralty Rule B(2) codifies the verification requirements of Supplemental Rule B(1) and
former Local Admiralty Rule 8.
B(3) incorporates the “pre-seizure” and “exigent circumstances” provisions of the August 1, 1985,
revision to Local Supplemental Rule B(1). In the routine case, the rule contemplates that issuance
of the process of attachment and garnishment be preconditioned upon the exercise of judicial
review. This ensures that plaintiff can make an appropriate maritime claim, and present proof that
the defendant cannot be found within the District. The rule also contemplates that upon a finding
of probable cause, a simple order directing the Clerk of the Court to issue the process shall be
entered by the Court.
This rule also incorporates the “exigent circumstances” provision of Supplemental Rule B(1). Read
in conjunction with Local Admiralty Rule B(5)(b), this rule requires that the plaintiff carry the
burden of proof at any post-attachment proceedings to establish not only the prima facie conditions
of a maritime attachment and garnishment action under Supplemental Rule B, but also that
“exigent circumstances” precluded judicial review under Local Admiralty Rule B(3)(a). The
Committee believes that this additional requirement will place upon plaintiff’s counsel a burden
of extra caution before invoking the “exigent circumstance” provision of the rule.
Local Admiralty Rule B(5) establishes the post-attachment review provisions potentially
applicable to maritime attachment and garnishment proceedings. These proceedings may be
invoked by any person claiming an interest in the seized property.
(2000) Local Admiralty Rule B(7) is amended to give the party seeking entry of a default judgment
up to thirty days, rather than five days, to file a motion and supporting legal memorandum.
(2010) Amended to conform tabulation to the style used in the federal rules of procedure.
(2014) Local Admiralty Rule (B)(1) amended to update references to the Federal Rules of Civil
Procedure.
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
3(b)(2), a judicial officer shall first review the verified complaint, and any other
relevant case papers, prior to the Clerk of the Court 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 of the Court to issue
a warrant of arrest and/or summons. This order shall substantially conform in
format and content to the form identified as SDF 2 on the Court’s website
(www.flsd.uscourts.gov).
Upon receipt of the signed order, the Clerk of the Court shall file the order and, in
accordance with Local Admiralty Rule 3(b)(3), issue the warrant of arrest and/or
summons. Thereafter the Clerk of the Court 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 of
the Court 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 file them electronically with the
Clerk of the Court for issuance. If a filing is an emergency matter, the documents
must be electronically filed using the events specifically earmarked for emergency
motions as described in Section 10 of the CM/ECF Administrative Procedures. A
party appearing pro se must file such matters conventionally.
The warrant of arrest shall substantially conform in format and content to the form
identified as SDF 4 on the Court’s website (www.flsd.uscourts.gov), 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:
(i) File a claim within fourteen (14) days, beginning on the next
calendar day, including Saturday, Sunday, or a legal holiday, count
fourteen days after service of the summons in accordance with Local
Admiralty Rule D(6)(a); or
(ii) 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(5)(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
United States 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 C(2)(b), shall within fourteen
(14) days, beginning on the next calendar day, including Saturday, Sunday, or a
legal holiday, 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 fourteen (14) 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 shall be published within twenty-one (21) days after execution of process.
The notice shall substantially conform to the form identified as SDF 7 on the
Court’s website (www.flsd.uscourts.gov).
(b) Proof of Publication. Plaintiff shall file with the Clerk of the Court proof of
publication not later than fourteen (14) 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 and serve the claim within fourteen (14) days, beginning on the next calendar
day, including Saturday, Sunday, or a legal holiday, after process has been
executed; and
(b) File and serve an answer within twenty-one (21) 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 and serve 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(2)(b), and the Court finds that such exigent circumstances did not
exist, the Court shall award attorneys’ fees, costs and other expenses incurred by any party as
a result of the seizure.
(8) Procedural Requirements Prior to the Entry of Default. In accordance with Federal Rule
of Civil Procedure 55, 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; and
(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 3(h) may be excused
for failing to give notice to such “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 Local Admiralty Rule C(4).
Upon review of the motion, memorandum, and other proof, the Clerk of the Court
may, where appropriate, enter default in accordance with Federal Rule of Civil
Procedure 55. Thereafter, the Clerk of the Court 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 Federal Rule of Civil
Procedure 55(b). 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 seven (7) days from receipt of the notice to file and serve 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.
Effective December 1, 1994. Amended effective April 15, 1998; April 15, 2000; April 15, 2001;
April 15, 2007; April 15, 2010; April 15, 2011; December 3, 2012; December 1, 2015; December
2, 2019.
Advisory Notes
(1993) C(2). Well-reasoned authority has upheld Supplemental Rule C, specifically holding that a
pre-seizure judicial hearing is not required where a vessel, freight, or intangible property is
proceeded against to enforce a maritime lien. Amstar Corporation v. SS Alexandros T, 664 F.2d
904 (4th Cir.1981); Merchants Nat’l Bank v. Dredge Gen. G.L. Gillespie, 663 F.2d 1338 (5th Cir.
Unit A, 1981); Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. de Navegacion, 732
F.2d 1543 (11th Cir.1984).
The desirability of providing by local admiralty rule an available avenue for reasonably prompt
and effective post-arrest judicial relief is indicated. See, Merchants Nat’l Bank v. Dredge Gen.
G.L. Gillespie, supra, at 1334, 1350. This provision is incorporated in Local Admiralty Rule C(7).
This procedure made available through this rule has proven effective. Maryland Ship Building &
Dry-Dock Co. v. Pacific Ruler Corp., 201 F.Supp. 858 (SDNY 1962). In fact, the procedure
established by this local rule goes beyond that encountered in Merchants Nat’l Bank v. Dredge
Gen. G.L. Gillespie, supra, or Maryland Ship Building & Dry-Dock Co. v. Pacific Ruler Corp.,
supra.
Under this rule, the claimant or intervenor may petition the Court to order the plaintiff to establish
probable cause for the arrest of the property. Therefore, at an early stage of the litigation, plaintiff
can be required to establish a prima facie case that he is asserting a claim which is entitled to the
dignity and status of a maritime lien against the arrested property. This rule contemplates the entry
of an order with conclusory findings following the post-arrest proceedings. More detailed findings
may be requested by any party.
The rule is not intended to provide a method for contesting the amount of security to be posted for
the release of the vessel. Once a prima facie case for the maritime lien has been established, or the
question of lien status remains uncontested, the matter of security is left to the provisions of Local
Admiralty Rule E.
C(3). Supplemental Rule C(3) also addresses the less commonly encountered action in rem to
enforce a maritime lien against freights, proceeds or other intangible property. The revision to this
rule designates the United States Marshal to take custody of all tangible and intangible properties
arrested in accordance with this rule, and to bring these properties under the control of the Court.
This is the practice in many other districts, and when implemented will provide the greatest
uniformity in the treatment of tangible and intangible property.
C(4). The substance of former Local Admiralty Rule 3(c) is continued.
C(5). Although this section is new to the local rules, it reflects the current local practice with
respect to undertakings and stipulations in lieu of arrest. Such undertakings and stipulations have
been held effective to permit a Court to exercise its in rem admiralty jurisdiction so long as either
at the time the undertaking or stipulation is given, or at any subsequent time prior to the filing of
the action, the vessel or other property is, or will be, present within the District.
C(6). The substance of former Local Admiralty Rule 2(b) is continued.
C(7). See the comments for Local Admiralty Rule C(2).
C(8) and (9). These sections are designed to mesh Supplemental Rule (C) with Federal Rule of
Civil Procedure 55. For purpose of default and default judgments, the rule recognizes two distinct
groups of in rem claimants.
The first category of claimants include those who by ownership or otherwise, would, but for the
arrest of the property, be entitled to its possession. Pursuant to Supplemental Rule C(6), these
claimants must file and serve a claim setting forth their interest in the property, demand their right
to receive possession, and to appear and defend the action. In the case of such claimants, the
operation of standard default procedures foreclose their rights to contest positions of the party in
whose favor the default is rendered, and the entry of default judgment is both fair and appropriate.
The second category of claimants embodies a potentially numerous and varying class of claimants.
The claims of these other claimants do not give rise to a right of possession of the vessel from the
marshal or other appropriate custodian, but rather invoke the power of the Court in admiralty to
foreclose against the property by the ultimate rendering of a judgment in rem against property
entitlements. Such judgments would be predicated upon non-possessory liens.
The time in which the second category of claimants may intervene is governed by the provisions
of Local Admiralty Rule E. Such lien claimants are not obligated, and indeed are probably not
entitled to file a claim of possession to the vessel, or to answer and defend in the name of the
vessel. As to them, in accordance with Federal Rule of Civil Procedure 8, the essential averments
of all the complaints are taken as automatically denied.
No default judgments entered pursuant to this rule will operate to adjudicate priorities among
competing non-possessory lien claimants.
In attempting to reconcile the traditional notions of default and default judgments with the concept
of in rem proceedings, the final language has been formulated to maintain the efficacy of the
default procedure without resulting in premature adjudication effecting priorities and distributions.
The default procedure establishes in favor of the holder of such a default judgment, a lien position
against the proceeds of the property, resulting from any sale or disposition, or, if currency is
involved, the ultimate adjudication, inferior to all other competing priorities, except the otherwise
escheating right of the property owner to the remnants and surpluses after all full-claims
satisfactions. At the same time, the right of a person obtaining a default judgment to contend and
compete with other claimants for priority distribution remains unaffected.
(2000) Local Admiralty Rule C(9) is amended to give the party seeking entry of a default judgment
up to thirty days, rather than five days, to file a motion and supporting legal memorandum.
(2001) Corrections to rule number references.
(2010) Amended to conform tabulation to the style used in the Federal Rules of Civil Procedure.
(2012) Amended to correct tabulation and internal citation errors in C(6) and C(7) and to relocate
appendix of forms to the Court’s website.
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 Federal Rule of Civil Procedure 12(a).
If the Court shortens the time, the Court shall specify the date upon which the answer must be
filed and served, 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.
Effective December 1, 1994. Amended effective April 15, 2007; April 15, 2010; April 15, 2011;
December 2, 2019.
Advisory Notes
(1993) This rule continues in substance the provisions of former Local Admiralty Rule 15.
The rule recognizes the equity in allowing for a prompt resolution in possessory actions. Since a
possessory action is brought to reinstate an owner of a vessel alleging wrongful deprivation of
property, rather than to allow original possession, the rule permits the Court to expedite these
actions, thereby providing a quick remedy for the one wrongfully deprived of his rightful property.
See Silver v. Sloop Silver Cloud, 259 F.Supp. 187 (S.D.N.Y. 1966).
Since a petitory and possessory action can be joined to obtain original possession, The Friendship,
Fed.Cas. No. 5,123 (CCD Maine, 1855), this rule contemplates that an expedited hearing will only
occur in purely possessory actions.
(2010) Amended to conform tabulation to the style used in the federal rules of procedure.
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 United States 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 of
the Court 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 and serve a certificate of service with the Clerk of the Court 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 twenty-one (21) 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:
(i) File and serve a motion to intervene and indicate in the caption of
the motion a request for expedited hearing when appropriate.
(ii) Include a copy of the anticipated intervening complaint as an exhibit
to the motion to intervene.
(iii) Prepare and offer for filing a supplemental warrant of arrest and/or
a supplemental process of attachment and garnishment.
(iv) Serve copies of the motion to intervene, with exhibits and proposed
supplemental process upon every other party to the litigation.
(v) File and serve 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 of the Court to issue the supplemental process.
Upon receipt of the order permitting intervention, the Clerk of the Court 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 and serve a Certificate of Service with the Clerk of the Court
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 of Stipulation or Bonds. Except in cases instituted by the United States through
information, or complaint of information upon seizures for any breach of the revenues,
navigation, or other laws of the United States, 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.
(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 fourteen (14) 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:
(i) 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.
(ii) 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 fourteen (14)
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 United States 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 of the Court not to issue process, but rather to hold the process in
abeyance. The Clerk of the Court 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:
(i) Actions Entirely for a Sum Certain. The amount alleged to be due in
the complaint, with interest at six percent per annum from the date
claimed to be due to a date twenty-four 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. This provision
applies regardless of whether any vessel, cargo, or property has been
detained.
(ii) 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).
(iii) 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 and serve a Request for Release which shall substantially
conform in format and content to the form identified as SDF 8 on the Court’s
website (www.flsd.uscourts.gov). 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 SDF 9 on the Court’s
website (www.flsd.uscourts.gov).
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)(i), (ii), or (iii),
as appropriate.
(c) Upon the Dismissal or Discontinuance of an Action. 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.
(i) 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.
(ii) Responsibility for Maintaining a Current Listing of General Bonds.
The Clerk of the Court 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.
(iii) 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 initially shall take custody of any vessel, cargo,
and/or other property arrested or attached in accordance with these rules.
(Practitioner’s Note: Notwithstanding the foregoing, in this District it is the
practice of the Marshal to not take custody of any arrested vessel or execute an
arrest warrant until as a substitute custodian is in place.) If the Marshal takes
custody of any such arrested or attached property before a substitute custodian is
authorized in accordance with Local Admiralty Rule E(10)(c), then the Marshal
shall be responsible for providing adequate and necessary security for the
safekeeping of the property until the substitute custodian is appointed.
In the discretion of the Marshal, such 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 District and
shall be reported to the Court within twenty-four 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 SDF 5 on the Court’s website (www.flsd.uscourts.gov).
(i) 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.
(ii) 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 SDF 6 on the Court’s website
(www.flsd.uscourts.gov).
(iii) 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.
(i) 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.
(ii) 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.
(iii) 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 and served 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
fourteen (14) days from receipt of the application to file and serve a written
response, beginning on the next calendar day, including Saturday, Sunday, or a
legal holiday.
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. Monies 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.
(a) By Consent. No action may be dismissed pursuant to Federal Rule of Civil
Procedure 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).
(b) Involuntary Dismissal. If the Court enters a dismissal pursuant to Federal Rule of
Civil Procedure 41(b), the Court shall also designate the costs and expenses to be
paid by the party or parties so dismissed.
(14) Judgments.
(a) 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.
(b) 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 Fourteen Days. In accordance with Federal Rule of Civil
Procedure 62(a), no execution shall issue upon a judgment, nor shall seized
property be released pursuant to a judgment or dismissal, until fourteen (14) days
after the entry of the judgment or order of dismissal.
(b) Stays Beyond the Fourteen Day Period. If within the fourteen (14) day period
established by Federal Rule of Civil Procedure 62(a), a party files any of the
motions contemplated in Federal Rule of Civil Procedure 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 fourteen (14) days prior
to the date of the sale, and the second at least seven (7) days prior to the date of the
sale.
(17) Sale of a Vessel or Property.
(a)
