Local Rule Rule C: Actions in Rem: Special Provisions
D.P.R. — Civil rule
RULE C ACTIONS IN REM: SPECIAL PROVISIONS
(1) Intangible Property.
The summons issued pursuant to Supplemental Rule C(3)(c) shall direct the person having control of intangible property to show cause, no later than fourteen (14) days after service, as to why the intangible property should not be delivered to the court to abide the judgment. A judicial officer may lengthen or shorten the time for good cause shown.
Service of the summons has the effect of an arrest of the intangible property and brings it within the control of the court. The person who is served may deliver or pay over to the marshal the intangible property proceeded against, to the extent sufficient to satisfy the plaintiff's claim. If delivery or payment is made, the person served is excused from the duty to show cause. The claimant of the property may show cause, as provided in Supplemental Rule C(6)(a), as to why the property should not be delivered to the court.
(2) Publication of Notice of Action and Arrest.
The notice required by Supplemental Rule C(4) shall be published once in a newspaper named in L.Adm.R. H(3), and plaintiff's attorney shall file a copy of the notice as it was published with the clerk. 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) must be filed with the clerk and served on the attorney for plaintiff within fourteen (14) days after publication;
(f) a statement that an answer to the complaint must be filed and served within twenty one (21) days after publication, and that otherwise, default may be entered and condemnation ordered;
(g) a statement that applications for intervention under Fed. R. Civ. P. 24 by persons 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.
(3) Default in Action In Rem.
(a) Notice Required. A party seeking a default judgment in an action in rem must satisfy the judge that due notice of the action and arrest of the property has been given:
(1) by publication as required in L.Adm.R. C(2);
(2) by service upon the master or other person having custody of the property; and,
(3) by service pursuant to Fed. R. Civ. P. 5(b) upon 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 in the United States Coast Guard certificate of ownership.
(2) If the defendant property is a vessel numbered as provided in the Federal Boat Safety Act, 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 recorded property interests or security interests in the property, the plaintiff must attempt to notify all persons named in the records of each registry.
(4) Entry of Default and Default Judgment.
After the time for filing an answer has expired, the plaintiff may move for entry of default under Fed. R. Civ. P. 55(a). Default will be entered upon showing that:
(a) notice has been given as required by L.Adm.R. C(3)(a); and,
(b) notice has been attempted as required by L.Adm.R. C(3)(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 of no one has appeared to defend on behalf of the property.
The plaintiff may move for judgment under Fed.R.Civ. P. 55(b) at any time after default has been entered.