Local Rule LAR C: ACTIONS IN REM: SPECIAL PROVISIONS

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, 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.