Local Rule LOCAL ADMIRALTY RULE 4: SUMMONS AND PROCESS

LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS

(a) Process.

(1) In addition to the requirements set forth in Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the Clerk of this Court shall not issue a summons and process of attachment and garnishment until such time as the verified complaint and affidavit filed pursuant to Supplemental Rule B is reviewed by the Court and it 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 of Court upon application without further order of the Court. If the plaintiff or plaintiff's attorney certifies that exigent circumstances make review by the Court impracticable, the Clerk of Court shall issue a summons and process of attachment and garnishment and the plaintiff shall have the burden on a post-attachment hearing under LAR 4.1(C) to show that exigent circumstances existed.

(2) In connection with actions in rem pursuant to Supplemental Rule C, the verified complaint and supporting affidavit filed in connection therewith shall be reviewed by the Court and no warrant for the arrest of a vessel shall 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 of Court upon application without further order of the Court. If the plaintiff or plaintiff's attorney certifies that exigent circumstances make review by the Court impracticable, the Clerk of Court shall issue a summons and warrant for the arrest and the plaintiff shall have the burden on a post-arrest hearing under LAR 4.1(C) to show that exigent circumstances existed.

(3) The procedure for release from arrest or attachment either pursuant to Supplemental Rule B or C shall be as follows: Whenever property is arrested or attached, any person claiming an interest in it shall be entitled to a prompt hearing at which the plaintiff shall be required to show why the arrest or attachment should not be vacated or other relief granted consistent with these rules. This rule shall have no application 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.

(4) If the Judge to whom the particular case is assigned is not available, matters referred to in this LAR 4 (a) may be presented to any other Judge without the necessity of reassignment of the case.

(5) To ensure timely service, Plaintiffs are required to contact the United States Marshal's Service before proceeding for a complete list of instructions.

(6) Absent specific instructions from the Court as stated in the Court's orders, the United States Marshal's Service will not arrest a vessel that is sinking or sunk, on fire, leaking oil, or emitting hazardous cargo.

(7) Staffing limitations, the priority of criminal matters, and the coordination necessary to effect the arrest of a vessel make it advisable to deliver all documents and fees to the United States Marshal's Service at least two business days in advance of the requested date of arrest. Due to the dangers associated with the seizure of a vessel in waters after dark, seizures will not be executed after sundown unless specifically ordered by the presiding Judge. All properly completed and signed documents, and all fees must be delivered to the United States Marshal's Service no later than 2:00 p.m. Monday through Friday to effect a seizure on the same day, or no later than 2:00 p.m. on Friday to effect a seizure on the weekend.

(8) Any party seeking the arrest of a vessel or attachment of property must deposit a sum with the Unites States Marshal sufficient to cover the United States Marshal's or substituted custodian's estimated fees and expenses of arresting and keeping the property for at least ten days. The United States Marshal is not required to execute process until the deposit is made.