Local Rule 510: COMPLAINTS, ALLEGATIONS AND ACCOMPANYING AFFIDAVIT

RULE 510 COMPLAINTS, ALLEGATIONS AND ACCOMPANYING AFFIDAVIT

(a) Caption. Every complaint filed as a Fed. R. Civ. P. 9(h) action shall set forth "In Admiralty" following the designation of the Court, in addition to the statement, if any, contained in the body of the complaint pursuant to Fed. R. Civ. P. 9(h). If the complaint contains one or more causes of action at law, it shall set forth "At Law and In Admiralty."

(b) Mandatory Allegations. Every complaint in actions under Supplemental Rule B and C shall state the dollar amount of the debt, damages, or salvage for which the action is brought. This dollar amount shall also be stated in the process, together with a description of the nature of any other items of damage including any unliquidated items claimed, such as attorneys' fees. The defendant or claimant may post bond pursuant to Supplemental Rule E(5) based on such allegations. See L.R. 151, 523.

(c) Mandatory Allegations in Salvage Actions. In salvage actions, the complaint shall state to the extent known or the estimated dollar value of the hull, cargo, freight, and other property salved, the dollar amount claimed, and the names of the principal salvers, and shall state that the action is instituted in their behalf and in behalf of all other persons interested or associated with them.

(d) Affidavit Showing Defendant's Absence. The affidavit accompanying the complaint as required by Supplemental Rule B shall state with particularity the efforts made to obtain in personam jurisdiction over the defendant within the District. The phrase "not found within the district" in Supplemental Rule B(1) means that, in an in personam action, the defendant cannot be served with the summons and complaint as provided in Fed. R. Civ. P. 4.