(a) It is the responsibility of the party filing the notice of removal to ensure that the state
court record is filed with the Court. Within 14 days after filing a notice of removal, the party
filing the notice shall do whatever is necessary to enable the clerk of the state court to
assemble and electronically transmit a certified copy of the docket sheet and all documents
filed in the case being removed.
(b) The Court may direct the party filing the notice to furnish and to file certified copies of the
docket sheet and all documents filed in the case being removed if the clerk of the state court
is unable to electronically transmit the record or if the record is unusually voluminous.
Effective 12/1/15: §§(a)(1)-(2) and (b)(1)-(2) deleted, and new (a) and (b) added. Effective 12/1/11: The numerical
references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective
12/1/09: §(b) amended.
CROSS-REFERENCES
See LR Gen 201(b)(3) (attorney appearances in removal cases).
28 U.S.C. §1441 et seq. (governing removal of cases from state court).
LOCAL ADMIRALTY RULES
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U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
LAR A AUTHORITY AND SCOPE
(1) Authority. The local admiralty rules of the United States District Court for the District of
Rhode Island (“the Court”) are promulgated by a majority of the judges as authorized by and
subject to the limitations of Fed. R. Civ. P. 83.
(2) Scope. The local admiralty rules apply only to civil actions that are governed by Rule A of
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. All
other local rules are applicable in these cases, but to the extent that another local rule is
inconsistent with the applicable local admiralty rule, the local admiralty rule governs.
(3) Citation. The local admiralty rules may be cited by the letters "LAR" and the capital letter
and numbers in parentheses that appear at the beginning of each section. The capital letter is
intended to associate the local admiralty rule with the Supplemental Rule that bears the same
capital letter.
(4) Definitions. In addition to the definitions in LR Gen 101(f), the following definitions shall
apply:
(a) "Supplemental Rule" followed by a capital letter, e.g., Supplemental Rule C, means
a Supplemental Rule for Admiralty or Maritime Claims and Asset Forfeiture
Actions;
(b) "Keeper" means any person or entity appointed by the Marshal to take physical
custody of and maintain the vessel or other property under arrest or attachment;
(c) "Substitute custodian" means the individual who or entity that, upon motion and
order of the Court, assumes the duties of the Marshal or keeper with respect to the
vessel or other property that is arrested or attached.
Effective 1/15/13: Rule added.
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
LAR B MARITIME ATTACHMENT AND GARNISHMENT
(1) Affidavit That Defendant Is Not Found Within the District. The affidavit or declaration
required by Supplemental Rule B(1) to accompany the complaint, and the affidavit or
declaration required by Supplemental Rule B(2)(c), shall list the efforts made by and on
behalf of the plaintiff to find and serve the defendant within the district.
(2) Notice of Attachment. In an action where any property of a defendant is attached, the
plaintiff shall make a diligent search to locate the defendant and give prompt notice to the
defendant of the attachment. Such notice shall be in writing, and may be given by telex,
telegram, cable, fax, e-mail, or other verifiable electronic means.
Effective 1/15/13: Rule added.
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
LAR C ACTIONS IN REM: SPECIAL PROVISIONS
(1) Publication of Notice of Action and Arrest. The notice required by Supplemental Rule
C(4) shall be published once in the Providence Journal and/or such other publication as the
Court shall order, and plaintiff’s attorney shall file with the Clerk a copy of the notice as it
was published. The notice shall contain:
(a) The court, title, and number of the action;
(b) The date of the arrest;
(c) The identity of the property arrested;
(d) The name, address, and telephone number of the attorney for plaintiff;
(e) A statement that the claim of a person who is entitled to possession or who claims an
interest pursuant to Supplemental Rule C(6)(a) must be filed with the Clerk and
served on the attorney for plaintiff within 14 days after publication;
(f) A statement that an answer to the complaint must be filed and served within 30 days
after publication, or, alternatively, within 21 days after filing a statement of interest,
and that otherwise, default may be entered and condemnation ordered;
(g) A statement that intervenor claims by persons or entities claiming maritime liens or
other interests shall be filed within the time fixed by the Court; and
(h) The name, address, and telephone number of the Marshal, keeper, or substitute
custodian.
(2) Default in Actions In Rem
(a) Notice Required. A party seeking a default judgment in an action in rem must
satisfy the Court that notice of the action and arrest of the property has been given:
(1) by publication as required in LAR C(1),
(2) by service upon the Marshal, keeper, substitute custodian, master, or other
person having custody of the property, and
(3) by mailing notice to every other person who has not appeared in the action and
is known to have an interest in the property.
(b) Persons with Recorded Interests
(1) If the defendant property is a vessel documented under the laws of the United
States, plaintiff must attempt to notify all persons named as the current owner,
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
all those who have filed a preferred ship/fleet mortgage and all those who have
filed a notice of claim of lien as recorded in the United States Coast Guard
General Index or Abstract of Title (GG-1332).
(2) If the defendant property is a vessel numbered as provided in the Federal Boat
Safety Act, 46 U.S.C. § 12301(a), (i.e., state registered vessels), plaintiff must
attempt to notify the persons named in the records of the issuing authority.
(3) If the defendant property is of such character that there exists a governmental
registry of property interests and/or security interests, the plaintiff must
attempt to notify all persons named in the records of each such registry.
(3) Entry of Default and Default Judgment. After the time for filing an answer has expired,
the plaintiff may move for entry of default under LR Cv 55. The Court will enter default
upon showing that:
(a) Notice has been given as required by LAR C(2)(a), and
(b) Notice has been attempted as required by LAR C(2)(b) where appropriate, and
(c) The time to answer by claimants of ownership to or possession of the property has
expired, and
(d) No answer has been filed or no one has appeared to defend on behalf of the property.
The plaintiff may move for judgment under LR Cv 55 at any time after default has
been entered.
Effective 1/15/13: Rule added.
___________________
LAR D POSSESSORY, PETITORY, AND PARTITION ACTIONS
In a possessory action under Supplemental Rule D, a judicial officer may order that the
statement of right or interest and answer be filed on a date earlier than 21 days after arrest. The order
may also set the date for expedited hearing of the action.
Effective 1/15/13: Rule added.
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
LAR E ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS
(1) Itemized Demand/or Judgment. The demand for judgment in every complaint filed under
Supplemental Rule B or Supplemental Rule C shall allege the dollar amount of the debt or
damages for which the action was commenced. The demand for judgment shall also allege
the nature of other items of damage. The amount of the special bond posted under
Supplemental Rule E(5)(a) may be based upon these allegations.
(2) Salvage Action Complaints. In an action for a salvage reward, the complaint shall allege
the dollar value of the vessel, cargo, freight, and other property salved, and the dollar amount
of the reward claimed.
(3) Verification of Pleadings. Every complaint in Supplemental Rule B, C, and D actions shall
be verified upon oath or solemn affirmation, or in the form provided by 28 U.S.C. § 1746, by
a party or by an authorized officer of a corporate party. If no party or authorized corporate
officer is present within the district, verification of a complaint may be made by an agent,
attorney in fact, or attorney of record, who shall state the sources of the knowledge,
information and belief contained in the complaint; declare that the document verified is true
to the best of that knowledge, information, and belief; state why verification is not made by
the party or an authorized corporate officer; and state that the affiant is authorized so to
verify. A verification not made by a party or authorized corporate officer will be deemed to
have been made by the party as if verified personally. If the verification was not made by a
party or authorized corporate officer, any interested party may move, with or without
requesting a stay, for the personal oath of a party or an authorized corporate officer, which
shall be procured by commission or as otherwise ordered.
(4) Review by Judicial Officer. Unless otherwise required by the judicial officer, the review of
complaints and papers called for by Supplemental Rules B(1) and C(3) does not require the
affiant party or attorney to be present. The applicant for review shall include a form of order
to the Clerk which, upon signature by the judicial officer, will direct the arrest, attachment or
garnishment sought by the applicant. In exigent circumstances, the certification of the
plaintiff or his attorney under Supplemental Rules B and C shall consist of an affidavit or a
declaration pursuant to 28 U.S.C. § 1746 describing in detail the facts that establish the
exigent circumstances.
(5) Return of Service. The party who requests a warrant of arrest or process of attachment or
garnishment shall provide instructions to the Marshal. A person specially appointed by the
Court under Supplemental Rules B or C who has served process of maritime attachment and
garnishment or a warrant of arrest that seized property shall promptly file a verified return
showing the name of the individual on whom the process or warrant was served, the identity
of the person or entity on whom service was made, the documents served, the manner in
which service was completed (e.g., personal delivery), and the address, date and time of
service.
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
(6) Appraisal. In the event the parties do not promptly and mutually agree on the amount of
substitute security, an order for appraisal of property so that security may be given or altered
will be entered upon motion. If the parties do not agree in writing upon an appraiser, a
judicial officer will appoint the appraiser. The appraiser shall be sworn to the faithful and
impartial discharge of the appraiser's duties before any federal or state officer authorized by
law to administer oaths. The appraiser shall give 1 day's notice of the time and place of
making the appraisal to counsel of record. The appraiser shall promptly file the appraisal
with the Clerk and serve it upon counsel of record. Unless otherwise ordered, the appraiser's
fee shall be paid by the moving party, but it is a taxable cost of the action.
(7) Security Deposit for Seizure of Vessels. The first party who seeks arrest or attachment of a
vessel or property aboard a vessel shall deposit with the Marshal an amount deemed
necessary and appropriate by the Marshal to cover the expenses of the Marshal including, but
not limited to, dockage, keepers, maintenance, and insurance. The Marshal is not required to
execute process until the deposit is made. The party shall advance additional sums from time
to time, at the Marshal's request, to cover estimated expenses. A party who fails to advance
such additional sums may not participate further in the proceedings except by order of the
Court. The Marshal may, upon notice to all parties, petition the Court for an order to release
the vessel if additional sums are not advanced within 3 days after the request.
Notwithstanding the provision of this LAR, seamen may institute and prosecute suits and
appeals in their own names and for their own benefit for wages or salvage or the enforcement
of laws enacted for their health or safety without prepaying fees or costs or furnishing
security therefore.
(8) Intervenors' Claims
(a) Presentation of Claim. When a vessel or other property has been arrested, attached,
or garnished, and is in the hands of the Marshal or substitute custodian, anyone
having a claim against the vessel or property is required to present the claim by filing
an intervening complaint and obtain a warrant of arrest, and not by filing an original
complaint, unless otherwise ordered by a judicial officer. No formal motion to
intervene is required. The intervening party shall serve a copy of the intervening
complaint and warrant of arrest upon all parties to the action and shall forthwith
deliver a conformed copy of the complaint and warrant of arrest to the Marshal, who
shall deliver the copies to the vessel or custodian of the property. Intervenors shall
thereafter be subject to the rights and obligations of parties, and the vessel or property
shall stand arrested, attached, or garnished by the intervenor. An intervenor shall not
be required to advance a security deposit to the Marshal for seizure of a vessel as
required by LAR (E)(10).
(b) Sharing Marshal’s, Keeper’s and Substitute Custodian’s Fees and Expenses
(Custodia Legis Expenses). An intervenor shall owe a debt to any party that has
previously advanced funds to cover the expenses of the Marshal, Keeper and/or
Substitute Custodian, enforceable on motion, consisting of the intervenor's share of
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
such fees and expenses in the proportion that the intervenor's claim bears to the sum
of all the claims. If a party plaintiff seeks to vacate or to permit the vacating of an
arrest, attachment or garnishment, it may be vacated upon such terms and conditions
as the Court may order, and if there are other plaintiffs remaining the Court may order
them to share their responsibility to the Marshal, Keeper, and or Substitute Custodian
for fees and expenses in proportion to the remaining claims and for the duration of the
custody because of each claim, and otherwise as the Court may determine.
(9) Custody of Property
(a) Safekeeping of Property. When a vessel or other property is brought into the
Marshal's custody by arrest or attachment, the Marshal shall arrange for adequate
safekeeping, which may include the placing of keepers on or near the vessel. A
substitute custodian in place of the Marshal may be appointed by order of the Court.
Notice of the application to appoint a substitute custodian must be given to all parties
and the Marshal. The application must show the name of the proposed substitute
custodian, the location of the vessel during the period of custody, and the proposed
insurance coverage.
(b) Insurance. The Marshal may procure insurance to protect the Marshal, keepers, and
substitute custodians from liabilities assumed in arresting and holding the vessel,
cargo, or other property, in performing protective services, and in maintaining the
Court's custody. Any party who applies for arrest or attachment shall reimburse the
Marshal for premiums paid for the insurance and shall be an added insured on the
policy. The party who applies for removal of the vessel, cargo, or other property to
another location, for designation of a substitute custodian, or for other relief that will
require an additional premium, shall reimburse the Marshal therefor. The premiums
charged for the liability insurance are taxable as administrative costs while the vessel,
cargo, or other property is in custody of the Court.
(c) Cargo Handling, Repairs, and Movement of the Vessel
(1) Cargo Handling, Repairs, and Movement of the Vessel. Following arrest or
attachment of a vessel, no cargo handling, repairs, or movement may be made
without an order of Court. The applicant for an order shall give notice to the
Marshal and to all parties of record.
(2) If an applicant shows adequate insurance to indemnify the Marshal for
liability, the Court may order the Marshal to permit cargo handling, repairs, or
movement of the vessel, cargo, or other property. The costs and expenses of
such activities shall be borne as ordered by the Court. Any party of record
may move for an order to dispense with keepers or to remove or place the
vessel, cargo, or other property at a specified facility, to designate a substitute
custodian, or for similar relief. Notice of the motion shall be given to the
Marshal, keeper or substitute custodian, and to all parties of record. The
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
judicial officer may require that adequate insurance on the property will be
maintained by the successor to the Marshal, before issuing the order to change
arrangements.
(d) Claims by Suppliers for Payment of Charges. A person who has furnished supplies
or services to a vessel, cargo, or other property in custody of the Court, who has not
been paid, and who claims the right to payment as an expense of administration, shall
submit an invoice to the Clerk in the form of a verified claim at any time before the
vessel, cargo, or other property is released or sold. The supplier must serve copies of
the claim on the Marshal, substitute custodian if one has been appointed, and all
parties of record. The Court may consider the claims individually or schedule a single
hearing for all claims.
(10) Sale of Property
(a) Notice. Unless otherwise ordered upon good cause shown or as provided by law,
notice of sale of property in an action in rem shall be published in the Providence Journal
and/or such other publication as the Court may order at least once a week for 2 successive
weeks with the date of sale being at least 14 days after the date the first notice of sale is
published.
(b) Payment of Bid. These provisions apply unless otherwise ordered in the order of
sale:
(1) The person whose bid is accepted shall immediately pay the Marshal the full
purchase price if the bid is $1,000 or less.
(2) If the bid exceeds $1,000, the bidder shall immediately pay the Marshal a
deposit of at least $1,000 or 10% of the bid, whichever is greater, and shall
pay the balance within 3 days.
(3) If an objection to the sale is filed within the period in LAR E(10)(b)(2), the
bidder is excused from paying the balance of the purchase price until 3 days
after the sale is confirmed.
(4) Payment shall be made in cash, by certified check, or by cashier's check.
(c) Late Payment. If the successful bidder does not pay the balance of the purchase
price within the time allowed, the bidder shall pay the Marshal, Keeper or Substitute
Custodian the cost of keeping the property from the due date until the balance is paid,
and the Marshal may refuse to release the property until this charge is paid.
(d) Default. If the successful bidder does not pay the balance of the purchase price
within the time allowed, the bidder shall be in default, and the judicial officer may
accept the second highest bid or may arrange a new sale. The defaulting bidder's
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
deposit shall be forfeited and applied to any additional costs incurred by the Marshal
because of the default, and the balance shall be retained in the registry of the Court
awaiting its order.
(e) Report of Sale by Marshal. At the conclusion of the sale, the Marshal shall
forthwith file a written report with the Court setting forth the notice given; the fact of
the sale; the date of the sale; the names, addresses, and bid amounts of the bidders;
the price obtained; and any other pertinent information.
(f) Time and Procedure for Objection to Sale. An interested person may object to the
sale by filing a written objection with the Clerk within 3 days following the sale,
serving the objection on all parties of record, the successful bidder, and the Marshal,
and depositing a sum with the Marshal that is sufficient to pay the expense of keeping
the property for at least 7 days. Payment to the Marshal shall be in cash, certified
check, or cashier's check. The Court shall hold a hearing on the confirmation of the
sale.
(g) Confirmation of Sale. The sale shall be submitted to the Court for confirmation.
The Marshal shall transfer title to the purchaser upon the order of the Court.
(h) Disposition of Deposits
(1) If the objection is sustained, sums deposited by the successful bidder will be
returned to the bidder forthwith. The sum deposited by the objector will be applied to
pay the fees and expenses incurred by the Marshal in keeping the property until it is
resold, and any balance remaining shall be returned to the objector. The objector will
be reimbursed for the expense of keeping the property from the proceeds of a
subsequent sale.
(2) If the objection is overruled, the sum deposited by the objector will be applied
to pay the expense of keeping the property from the day the objection was filed until
the day the sale is confirmed, and any balance remaining will be returned to the
objector forthwith.
(11) Presentation of Emergency Matters. Emergency matters will be handled in accordance
with LR Gen 105(c).
(12) Undertakings in Lieu of Arrest. If, in return for foregoing the arrest or stipulating to the
release of such vessel or other property, a party accepts the written undertaking of a claimant
or other interested person or entity to respond on behalf of the vessel or other property, the
undertaking will become a party in place of the vessel or property sued, and will be deemed
referred to under the name of the vessel or property in any pleading, order, or judgment.
Effective 4/1/24: §(12) added. Effective 1/15/13: Rule added.
U.S. DISTRICT COURT RULES -- LOCAL ADMIRALTY RULES
LAR F LIMITATION OF LIABILITY
(1) Security for Costs. The amount of security for costs under Supplemental Rule F(1) shall
be $1,000, and security for costs may be combined with security for value and interest
unless otherwise ordered.
(2) Order of Proof at Trial. In an action where vessel interests seek to limit their liability, the
damage claimants shall offer their proof first, whether the right to limit arises as a claim or as
a defense. Nothing in this LAR shall alter the burden of proof for any party.
Effective 1/15/13: Rule added.
LOCAL RULES APPLICABLE TO
CRIMINAL PROCEEDINGS
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U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS
