UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF PENNSYLVANIA
ADMIRALTY RULES
DECEMBER 1, 2009
www.paed.uscourts.gov
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
In Re: :
Local Rules of Admiralty :
ORDER
AND NOW, this 12th day of July, 1983, pursuant to the Resolution approved by the
Judges of the United States District Court for the Eastern District of Pennsylvania, it is
hereby
ORDERED that all prior local rules of admiralty and standing orders of court are
hereby revoked effective August 1, 1983;
IT IS FURTHER ORDERED that the local rules of admiralty are amended to read as
follows, effective August 1, 1983.
For the Court:
ALFRED L. LUONGO
Chief Judge
Table of Contents
LOCAL RULES OF ADMIRALTY
Rule 1 Applicability ............................................................................................................................... 1
Rule 2 Deposit of Fees with Marshal ............................................................................................ 2
Rule 3 (Rule Revoked and Number Reserved) ........................................................................... 3
Rule 4 Service of Process .................................................................................................................. 4
Rule 5 Post-seizure Hearing ............................................................................................................ 5
Rule 6 Rule Revoked ........................................................................................................................... 6
Rule 7 Intervention and expenses of Justices ........................................................................... 7
Rule 8 Notice of Sale ........................................................................................................................... 8
Rule 9 Judicial Sale, Return of Marshal ....................................................................................... 9
Rule 10 Confirmation of Sale ...........................................................................................................10
Rule 11 Joinder ......................................................................................................................................11
Rule 12 Consolidation ........................................................................................................................12
Rule 13 Trial of Limitation of Liability Cases ............................................................................13
Rule 14 Discovery Costs ....................................................................................................................14
Rule 15 Trial Depositions .................................................................................................................15
Index .........................................................................................................................................16
-I-
LOCAL ADMIRALTY RULES
OF THE
UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF PENNSYLVANIA
____________________________
As Amended effective December 1, 2009
Local Rules of Admiralty
Rule 1 - Applicability
These rules apply to the procedure in claims governed by the Supplemental Rules
for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure
(hereafter “Admiralty Supplemental Rules”), and to Rule 9(h) admiralty and maritime
actions generally. The Local Rules of this Court shall also apply to admiralty cases. In
the event of a conflict between the Local Rules and Admiralty Local Rules, the Admiralty
Local Rules shall control in admiralty cases.
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Rule 2 - Deposit of Fees with Marshal
No process in rem in an action proved for in the Admiralty Supplemental Rules shall
be served, except on behalf of the United States, or on special order of the Court, unless the
party seeking the same shall deposit with the Marshal for this district such sums as may be
required by the Marshal as an advance against attachment and custodial costs. This rule
does not apply if seizure is effected pursuant to an order of Court appointing a custodian of
the property seized, in which case no deposit shall be required. Further, the party seizing
the property may be required by the Marshal, to give him a full release and agreement to
indemnify the Marshal for any liability which he may incur as a result of arresting the
vessel or other property.
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Rule 3 - (Revoked and number reserved).
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Rule 4 - Service of Process
(A) Process issued pursuant to Supplemental Rule B may be served by a person
specially appointed to serve process in accordance with Federal Rule 4(c) and Local Rule
29.
(B) If the court has appointed a substitute custodian, the Warrant for Arrest,
issued pursuant to Supplemental Rule C, may be served by a person specially appointed in
accordance with Federal Rule 4(c) and Local Rule 29.
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Rule 5 - Post-seizure Hearing
Where property is arrested or attached, any person claiming an interest in the
property arrested or attached may upon a showing of any improper practice or manifest
want of equity on the part of the plaintiff, be entitled to an order requiring the plaintiff to
show cause forthwith why the arrest or attachment should not be vacated or other relief
granted consistent with these rules. A hearing shall be held on the order to show cause
within forty-eight (48) hours of service of the order upon counsel for the plaintiff. The
hearing shall be held before the judge to whom the matter is assigned, or, if unavailable,
before the emergency judge. This rule shall have no application to suits for seamen’s
wages when process is issued upon a certificate of sufficient cause filed pursuant to section
4546 of the Revised Statutes (Title 46, U.S. Code, Section 603 and 604.
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Rule 6 - (Rule Revoked)
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Rule 7 - Intervention and expenses of Justice
(A) Whenever a vessel or other property is seized, attached or arrested and is in
the custody of the Court, anyone asserting a maritime lien or a writ of foreign attachment
against the vessel or property may upon motion to the court, with notice to counsel of
record, be permitted to intervene.
(B) Intervenors under this rule shall be liable for advancing expenses of justice
together with the party originally effecting seizure on any reasonable basis determined by
the Court. Intervenors may be required by the Marshal to advance their share of
expenses accrued to the date of intervention and expected future expenses of justice giving
due regard to the respective amounts of the various claims. Relief from such assessment
may be granted by the Court upon motion.
(C) Release of seizure or dismissal by the party originally effecting seizure shall
not quash the seizure if there remains pending any claim by intervenors, unless by
unanimous consent of intervenors or order of Court.
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Rule 8 - Notice of Sale
Notice must be given by the Marshal of the sale of property by order of this Court.
Such notice shall be by advertisement in a newspaper of general circulation within the
District in which the sale will take place, unless otherwise ordered by the Court. Such
notice shall be published three times a week for two consecutive weeks with the last date
of publication not more than twenty-one (21) nor less than seven (7) days immediately
preceding the sale. In addition thereto, publication shall be made elsewhere in at least
one specialized trade publication of national circulation.
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Rule 9 - Judicial Sale, Return of Marshal
Upon the payment of the proceeds of sale of property into the registry of the court,
the Marshal shall send written notice within seven (7) days to all persons known to him or
by the substitute custodian to have claims for charges incurred while the vessel or property
was in the custody of the court, and shall notify such persons of the necessity of filing
claims within fourteen (14) days of the mailing of such notice.
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Rule 10 - Confirmation of Sale
In all sales by the Marshal pursuant to orders of sale under the Admiralty
Supplemental Rules, the Marshal shall report to the Court the fact of sale, the price brought,
and the name of the buyer. If, within seven (7) days after the sale, computed in
accordance with F.R.C.P. 6(a), no written objection is filed, the sale shall automatically
stand confirmed if the buyer has performed the terms of his purchase.
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Rule 11 - Joinder
(A) Except as otherwise provided by the Admiralty Supplemental Rules, parties
may sue and parties (including a vessel or other res) may be sued either jointly, severally
or alternatively in one suit, and persons having separate causes of action may join in one
suit if the cause of action involve substantially the same questions and arise out of the same
transactions.
(B) Persons who, under the preceding paragraph of this rule, might have joined
as co-plaintiffs, and, in suits for wages, any other seamen claiming wages for the same
voyage, not made parties in the original complaint, may, upon motion, be joined to
prosecute as co-plaintiffs upon such terms as the court may deem reasonable.
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Rule 12 - Consolidation
When various suits are pending, all resting upon the same matter of right or
defense, although there be no common interest between the parties, the Court may
consolidate or compel said suits to be tried together, and enter a single decree of decrees in
each case.
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Rule 13 - Trial of Limitation of Liability Cases
Where the vessel interests seeking limitation pursuant to 46 U.S.C. §181, et seq.,
have raised the statutory defense by way of answer or complaint, the plaintiff in the former
or the damage claimant in the latter shall proceed with its proof first, as is normal at civil
trials.
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Rule 14 - Discovery Costs
When discovery is requested which requires counsel for the parties to travel outside
the district, the parties will each advance their own travel costs. The award of these costs
following trial shall be in accordance with established law.
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Rule 15 - Trial Depositions
(A) Once a deposition of a witness is noticed, if a party wishes to take the
deposition to preserve testimony for trial, that party may, at his option, proceed with his
examination first; upon completion of the direct examination, the cross-examination of the
witness by the other parties shall proceed as if on discovery or on such other terms as the
parties may agree. Any party shall have the right to preserve such testimony by means of
a videotape deposition.
(B) In order to enable the Court to control the trial calendar, and recognizing the
difficulty in obtaining the attendance of witnesses in some admiralty cases, the Court may,
in appropriate cases order that a video deposition be taken for use at trial.
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LOCAL RULES OF ADMIRALTY
INDEX
INTERVENTION
Liability for costs by intervenor .................................................................................................. 7B
Parties who may intervene ........................................................................................................... 7A
Pending claims by intervenor after release of seizure
or dismissal by original party .......................................................................................................7C
Time to file ........................................................................................................................................... 7A
JOINDER
Motion to prosecute as co-plaintiffs ........................................................................................ 11B
Separate causes of action .............................................................................................................11A
JUDICIAL SALE
Advertisement of Sale ........................................................................................................................ 8
Confirmation ........................................................................................................................................10
Notice ........................................................................................................................................................ 8
Time limit to file claims after sale ................................................................................................. 9
LIMITATION LF LIABILITY
Order of Proof ......................................................................................................................................13
NOTICE
Arrest or seizure (Rule Revoked) .................................................................................................. 6
Judicial sale ............................................................................................................................................. 8
Time limit to file claims after sale ................................................................................................. 9
PENDING CLAIMS
By intervenors after release of seizure
or dismissal by original party .......................................................................................................7C
POST-SEIZURE HEARINGS ........................................................................................................................... 5
SALE - SEE JUDICIAL SALE
SERVICE OF PROCESS
Person appointed to serve ........................................................................................................ 4A-B
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