Local Rule LAR(e)(11): Custody of Property

LAR(e)(11) 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.

b) Insurance

The Marshal may order insurance to protect the Marshal, his deputies, keepers, and substitute custodians, from liabilities assumed in arresting and holding the vessel, cargo, or other property, and in performing whatever services may be undertaken to protect the vessel, cargo, or other property, and in maintaining the Court's custody. The premiums charged for the liability insurance shall be paid out of the security deposits advanced to the Marshal in accordance with LAR(e)(9).

c) Employment of Vessel's Officers and Crew by Marshal

All officers and members of the crew employed on a vessel of 750 gross tons or more shall be deemed employees of the Marshal for the period of seven (7) days after the attachment or arrest of the vessel unless the Marshal, pursuant to a court order, has notified the officers and members of the crew that they are not so employed or unless the vessel is released from attachment or arrest. If the vessel is not released within seven (7) days, the Marshal shall, on request of the seizing party, immediately thereafter designate which, if any, officers and members of the crew he is continuing to employ to preserve the vessel and shall promptly notify the remaining officers and members of the crew that they are no longer in his employ and are no longer in the service of the vessel and are free to depart from the vessel. The notice required by the preceding sentence shall be by written notice posted in a prominent place in each of the mess rooms or dining salons used by the officers and unlicensed personnel aboard the vessel.

d) Normal Vessel Operations and Movement of the Vessel

Following arrest, attachment, or garnishment of a vessel or property aboard a vessel, normal vessel operations shall be permitted to commence or continue unless otherwise ordered by the Court. No movement of the vessel shall take place unless authorized by order of a judicial officer.

e) Procedure for Filing Claims by Suppliers for Payment of Charges

A person who furnishes supplies or services to a vessel, cargo, or other property in custody of the Court who has not been paid and claims the right to payment as an expense of administration shall submit an invoice to the Clerk in the form of a verified claim within the time period set by the Court for intervention after sale pursuant to LAR(e)(10)(c). 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.