Local Rule LOCAL ADMIRALTY RULE 64: SEIZURE OF PROPERTY

LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY

(a) Publication and Time to Claim and Answer Where Publication Necessary and Under Supplemental Rule C(4).

(1) In all cases where publication is necessary under Supplemental Rule C(4), the time for filing a claim is hereby extended for a period of twenty-one days from the date of the publication.

(2) The published notice shall contain the title and the number of the suit, the date of the arrest and identity of the property arrested, the name of the United States Marshal, and the name and address of the attorney for the plaintiff. It shall also state that claimants must file their claims pursuant to Supplemental Rule C(6) with the Clerk of Court and serve them on the attorney for plaintiff within twenty-one days after the date of first publication, or within such further time as may be allowed by the Court, and must serve their answers within twenty-one days after the filing of their claim; that, if they do not, default may be entered and condemnation ordered; and that application for intervention under Fed. R. Civ. P. 24, by persons claiming maritime liens or other interests may be untimely if not filed within the time allowed for claims to possession.

(b) Release of Vessel or Property Under Supplemental Rule E(5)(c). The United States Marshal is further authorized to release a vessel or property if the party at whose instance the vessel or property is detained or the party's attorney, expressly authorizes the United States Marshal in writing to release the vessel or property, and agrees in writing to hold the Marshal and his deputies forever harmless of and from any and all liability as a result of the release of the vessel or other property pursuant to such authorization. At the same time, the party or the party's attorney must certify that all costs and charges of the Court and its officers have either been paid or that none are due.

(c) Movement of Vessels Under Seizure. Without a separate order in each individual case, the United States Marshal is authorized to move the vessels under seizure by him within the District in such a manner and at such times as he, acting as a prudent administrator, finds to be necessary to their proper safeguarding and preservation while under seizure. Further, and without an order of Court, he is authorized to permit the moving of vessels anywhere within the area of the District when the party at whose instance the vessel is detained and its owner, or the owner's attorney, expressly authorizes in writing such a movement and agrees in writing to hold the United States Marshal and all his deputies harmless from any and all liability as a result of any such move.

(d) Consent Guardian. The United States Marshal is authorized, without special order of Court, to appoint the master of the vessel or another competent person as keeper or custodian of any vessel under seizure with their consent, provided that all parties to the action or their attorneys shall have expressly consented in writing to the appointment and shall have agreed in writing to hold the United States Marshal and all of his deputies harmless from any and all liability as a result of the appointment. However, plaintiffs are admonished to make every reasonable advance effort to secure a substitute custodian and to coordinate issues concerning the appointment of a substitute custodian with the United States Marshal, and to arrange for advance compliance whenever practical, before filing any complaint which seeks the issuance of warrant for arrest or execution by the United States Marshal.

(e) Notices. Unless otherwise ordered by the Court, or otherwise provided by law, all notices required to be published by statute, rule, or order of court shall be published in the following newspaper: The Advocate.

(f) Sales.

(1) Notice. Unless otherwise ordered by the Court or otherwise provided by law, notices of sale of arrested or attached vessels or property shall be published on three different days, the first of which shall be published at least ten days and the last at least three days before the day of the sale.

(2) Confirmation. In all public auction sales of admiralty by the United States Marshal of this Court, the United States Marshal shall require the last and highest bidder to whom the property is adjudicated to deposit a minimum of $500.00 or 10% of the bid, whichever is greater, in cash or certified check, or cashier's check on a local bank. In the event that the last and highest bid should be for an amount not in excess of $500.00, its full amount shall be paid at the time of adjudication. The balance, if any, of the purchase price shall be paid in cash or by certified or cashier's check on a local bank on or before confirmation of the sale by the Court and within ten days of the adjudication or dismissal of any opposition which may have been filed.

(3) At the conclusion of the auction, the United States Marshal shall forthwith report to the Court the fact of the sale, the price brought, and the name of the buyer, and the Clerk of Court shall endorse upon such report, the time and date of filing. This report shall lie over for three days, exclusive of Saturdays, Sundays, and legal holidays. If within these three days no written objection is filed, the sale shall be confirmed as of course, provided that no sale shall be confirmed until the buyer shall have performed the terms of the purchase. In the event no opposition to the sale shall have been made, the cost of keeping the property pending confirmation shall be paid out of the proceeds of the sale; except that if the confirmation is delayed by the purchaser's failure to pay any balance which is due on the price, the cost of keeping the property shall be borne by the purchaser after the three day period shall have lapsed. In the event an opposition to the sale is filed, the opponent shall be required to deposit with the United States Marshal, in advance, cost of keeping the property pending the determination of the opposition by the Court; in default of the opponent making the advance, the opponent's opposition shall fail without affirmative action by the Court. If the opposition fails, the cost of keeping the property during its pendency shall be borne by the opponent.

(4) At the auction, the United States Marshal shall take, record, and report the cost, the name and address of the second highest bidder, and the amount of that second highest bid. In the event that the highest bidder fails to meet the financial obligation pertaining to the bid, the Court may, with the approval of the party or parties at whose instance the sale has been ordered, and of the second highest bidder, confirm the sale to said party.