The authority to retain any portion of the record on appeal or in connection with a motion seeking
relief from a district judge is delegated to the clerk of the bankruptcy court. If any portion of a record
is retained in the bankruptcy court, a certified copy of such record must be transmitted to the district
court. If the district court requests the retained papers, the bankruptcy clerk must transmit them
forthwith.
In the event that papers are retained in the bankruptcy court and certified copies are transmitted to
the district court, the bankruptcy court may order the party upon whose instance the papers were
required to reimburse the clerk of the bankruptcy court for the cost of making the copies.
LOCAL ADMIRALTY RULES
LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS
LAR4.1 Process
A. In addition to the requirements set forth in Admiralty Rule B, the clerk of these courts must not
issue a summons and process of attachment and garnishment until such time as the verified complaint
and affidavit filed pursuant to Admiralty Rule B be reviewed by the court and it determines if the
conditions set forth in Rule B appear to exist and enters an order so stating, and authorizing process
of attachment and garnishment. Supplemental process enforcing the court's order may be issued by
the clerk upon application without further order of the court. If the plaintiff or his or her attorney
certifies that exigent circumstances make review by the court impracticable, the clerk must issue a
summons and process of attachment and garnishment and the plaintiff will have the burden on a
post-attachment hearing under LAR4.1(C) to show that exigent circumstances existed.
B. In connection with actions in rem pursuant to Admiralty Rule C, the verified complaint and
supporting affidavit filed in connection therewith must be reviewed by the court and no warrant for
the arrest of a vessel must issue unless the court determines that the conditions for an action in rem
appear to exist, and enters an order so stating, and authorizing a warrant. Supplemental process
enforcing the court's order may be issued by the clerk upon application without further order of the
court. If the plaintiff or his or her attorney certifies that exigent circumstances make review by the
court impracticable, the clerk must shall issue a summons and warrant for the arrest and the plaintiff
will have the burden on a post-arrest hearing under LAR4.1(C) to show that exigent circumstances
existed.
C. The procedure for release from arrest or attachment either pursuant to Supplemental Rule B or C
will be as follows: Whenever property is arrested or attached, any person claiming an interest in it
will be entitled to a prompt hearing at which the plaintiff will be required to show why the arrest or
attachment should not be vacated or other relief granted consistent with these rules. This rule will
have no application to suits for seamen's wages when process is issued upon a certification of
sufficient cause signed pursuant to 46 USC 603 and 604.
D. If the judge to whom the particular case is allotted is not available, matters referred to in this
LAR4.1 may be presented to any other judge without the necessity of reallotment of the case.
LAR4.1.1 Vessel Seizure
Counsel who intends to file a complaint for vessel seizure must alert the United States Marshal’s
Office in the division where the vessel is located no later than six hours prior to the intended filing.
In exigent circumstances, the court may grant leave to file the seizure pleadings without the notice
described in this rule. Counsel filing the complaint must notify the court, through the clerk’s office,
of the intended filing. In the absence of any district judges in the division, a magistrate judge is
authorized to order the summons and warrant of arrest if exigent circumstances exist.
LAR4.2 Summons to Show Cause Why Funds Should Not Be Paid to Court
A summons issued pursuant to Admiralty Rule C(3) dealing with freight or the proceeds of property
sold or intangible property must direct the person having control of the funds to show cause why the
funds should not be paid into court to abide the judgment in accordance with the procedure described
in the Civil Rules to notice matters for hearing.
LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY
LAR64.1 Publication and Time to Claim and Answer Where Publication Necessary and Under
Supplemental Rule C(4)
In all cases where publication is necessary under Admiralty Rule C(4), the time for filing a statement
of interest in or right against the property is hereby extended for a period of 21 days from the date
of the publication.
The published notice must contain the title and the number of the suit, the date of the arrest and
identity of the property arrested, the name of the marshal, and the name and address of the attorney
for the plaintiff. It must also state that claimants must file their statement of interest in or right against
the property pursuant to Rule C(6) with the clerk and serve them on the attorney for plaintiff within
21 days after the date of first publication, or within such further time as may be allowed by the court,
and must serve their answers within 21 days after the filing of their statements of interest or right;
that, if they do not, default may be entered and condemnation ordered; and that application for
intervention under FRCP 24, by persons claiming maritime liens or other interests may be untimely
if not filed within the time allowed for claims to possession.
LAR64.2 Release of Vessel or Property Under Admiralty Rule E(5)(c)
The marshal is further authorized to release a vessel or property if the party at whose instance the
vessel or property is detained or his/her attorney, expressly authorizes the marshal in writing to
release the vessel or property and agrees in writing to hold the marshal and his deputies forever
harmless of and from any and all liability as a result of the release of the vessel or other property
pursuant to such authorization. At the same time the party or his or her attorney must certify that all
costs and charges of the court and its officers have either been paid or that none are due.
LAR64.3 Movement of Vessels Under Seizure
Without a separate order in each individual case, the marshal is authorized to move the vessels under
seizure by him within the district in such a manner and at such times as he, acting as a prudent
administrator, finds to be necessary to their proper safeguarding and preservation while under
seizure. Further, and without an order of court, he is authorized to permit the moving of vessels
anywhere within the area of the district when the party at whose instance the vessel is detained and
its owner, or the owner's attorney, expressly authorizes in writing such a movement and agrees in
writing to hold the marshal and all his deputies harmless from any and all liability as a result of any
such move.
LAR64.4 Consent Guardian
The marshal is authorized, without special order of court, to appoint the master of the vessel or
another competent person as keeper or custodian of any vessel under seizure with their consent,
provided that all parties to the action or their attorneys must have expressly consented in writing to
the appointment and must have agreed in writing to hold the marshal and all of his deputies harmless
from any and all liability as a result of the appointment.
LAR64.5 Notices
Unless otherwise ordered by the court, or otherwise provided by law, all notices required to be
published by statute, rule, or order of court must be published in the following newspapers,
depending on the district and division of the court in which filed:
Eastern District The Times-Picayune/The New Orleans
Advocate (NOLA.com)
Middle District The Advocate
Shreveport Division Shreveport Times/The Times
Monroe Division The News-Star
Alexandria Division The Town Talk
Lake Charles Division American Press
Lafayette Division The Daily Advertiser
LAR64.6 Sales
A. Notice. Unless otherwise ordered by the court or otherwise provided by law, notices of sale of
arrested or attached vessels or property must be published on three different days, the first of which
must be published at least 10 days and the last at least three days before the day of the sale.
B. Confirmation. In all public auction sales of admiralty by the marshal of this court, the marshal
must require the last and highest bidder to whom the property is adjudicated to deposit a minimum
of $500.00 or 10% of the bid, whichever is greater, in cash or certified check, or cashier's check on
a local bank. In the event that the last and highest bid should be for an amount not in excess of
$500.00, its full amount must be paid at the time of adjudication. The balance, if any, of the
purchase price must be paid in cash or by certified or cashier's check on a local bank on or before
confirmation of the sale by the court and within 10 days of the adjudication or dismissal of any
opposition which may have been filed.
At the conclusion of the auction, the marshal must forthwith report to the court the fact of the sale,
the price brought, and the name of the buyer, and the clerk must endorse upon such report the time
and date of filing. This report must lie over for three days, exclusive of Saturdays, Sundays, and
legal holidays. If within these three days no written objection is filed, the sale will be confirmed as
of course, provided that no sale will be confirmed until the buyer has performed the terms of his
purchase. In the event no opposition to the sale has been made, the cost of keeping the property
pending confirmation must be paid out of the proceeds of the sale; except that if the confirmation is
delayed by the purchaser's failure to pay any balance which is due on the price, the cost of keeping
the property must be borne by the purchaser after the three-day period has lapsed. In the event an
opposition to the sale is filed, the opponent must be required to deposit with the marshal, in advance,
cost of keeping the property pending the determination of the opposition by the court; in default of
his making the advance, his opposition must fail without affirmative action by the court. If the
opposition fails, the cost of keeping the property during its pendency must be borne by the opponent.
At the auction, the marshal must take, record, and report the cost, the name and address of the second
highest bidder, and the amount of that second highest bid. In the event that the highest bidder fails
to meet his or her financial obligation pertaining to his or her bid, the court may, with the approval
of the party or parties at whose instance the sale has been ordered, and of the second highest bidder,
confirm the sale to him or her.
LOCAL ADMIRALTY RULE 65.1 - SECURITY
LAR65.1.1 Security for Costs
Except in suits in forma pauperis, or in suits whereby statute a party is relieved of prepaying fees
and costs or of giving security therefor, or unless otherwise ordered by the court, no process in rem
or of attachment must issue unless the party requesting issuance files a stipulation in the sum of
$250.00 with good and solvent surety, conditioned as provided in Admiralty Rule E(2)(b).
Whenever in these rules the filing of a bond or stipulation required or permitted, the party required
or permitted to file such bond or stipulation may, in lieu thereof, deposit the requisite amount of
money in the registry of the court as security.
LAR65.1.2 Sureties
In all cases where the surety on a bond or stipulation for the release of a vessel or other property
under seizure is not a corporate surety holding a certificate of authority from the Secretary of the
Treasury, and the bond or stipulation is not approved as to amount and nature by the party at whose
instance the vessel or other property is detained, or by his or her attorney, the vessel or property must
not be released without an order of a judge, on reasonable notice and contradictorily, approving the
surety. In the absence of the judges, the approval of the clerk, on like notice and contradictorily, will
suffice.
Such approval must not limit the right of a party to move, under Rule E(6) of the Supplemental
Rules, FRCP, to reduce the amount of surety given or to require new or additional sureties.
LOCAL CRIMINAL RULES
LOCAL CRIMINAL RULE 6 - GRAND JURY
