Local Rule LAR 4.1: Process
E.D. La. — Civil rule
LAR 4.1 Process
(A) In addition to the requirements set forth in Admiralty Rule B , the clerks of court must not issue a summons and process of attachment and garnishment until (1) the verified complaint and affidavit filed pursuant to Admiralty Rule B are reviewed by the court; (2) the court determines if the conditions set forth in Rule B appear to exist, and enters an order so stating and authorizing process of attachment and garnishment. Supplemental process enforcing the court's order may be issued by the clerk upon application without further order of the court. If the plaintiff or his or her attorney certifies that exigent circumstances make review by the court impracticable, the clerk must issue a summons and process of attachment and garnishment and the plaintiff has the burden on a post-attachment hearing under LAR4.1(C) to show that exigent circumstances existed.
(B) In actions in rem pursuant to Admiralty Rule C , the verified complaint and supporting affidavit filed in connection therewith must be reviewed by the court and no warrant for the arrest of a vessel may issue, unless the court determines that the conditions for an action in rem appear to exist, and enters an order so stating and authorizing a warrant. Supplemental process enforcing the court's order may be issued by the clerk upon application without further order of the court. If the plaintiff or his or her attorney certifies that exigent circumstances make review by the court impracticable, the clerk must issue a summons and warrant for the arrest and the plaintiff has the burden on a post-arrest hearing under LAR 4.1(C) to show that exigent circumstances existed.
(C) When property is arrested or attached pursuant to Supplemental Rule B or C, any person claiming an interest in it is entitled to a prompt hearing at which the plaintiff must show why the arrest or attachment should not be vacated or other relief granted consistent with these rules. This rule does not apply to suits for seamen's wages when process is issued upon a certification of sufficient cause signed pursuant to 46 U.S.C. 603 and 604.
(D) If the judge to whom the particular case is allotted is not immediately available, matters referred to in this LAR 4.1 may be presented to any other judge without the necessity of reallotment of the case. [Amended February 1, 2011]