Local Rule Local Admiralty Rule E.2: Intervenors' Claims

Local Admiralty Rule E.2. Intervenors' Claims

(a) Presentation of Claim. When a vessel or other property has been arrested, attached, or garnished, and is in the hands of the marshal or custodian substituted therefor, anyone having a claim against the vessel or property is required to present the claim by filing an intervening complaint, and not by filing an original complaint, unless ordered otherwise by a judicial officer. Upon the satisfaction of the requirements of Fed. R. Civ. P. 24, the clerk must promptly deliver a conformed copy of the complaint to the marshal, who must deliver the copy to the vessel or custodian of the property. Intervenors will thereafter be subject to the rights and obligations of parties, and the vessel or property will stand arrested, attached, or garnished by the intervenor.

(b) Sharing Marshal's Fees and Expenses. An intervenor has a responsibility to the first plaintiff, enforceable on motion, consisting of the intervenor's share of the marshal's fees and expenses in the proportion that the intervenor's claim bears to the sum of all the claims. If a party plaintiff permits vacation of an arrest, attachment, or garnishment, remaining plaintiffs share the responsibility to the marshal for the fees and expenses in proportion to the remaining claims and for the duration of the marshal's custody because of each claim.

[Source: Maritime Law Association Model Rule (e)(11)]