Local Rule Rule A: SCOPE AND GENERAL PROVISIONS

Rule A. SCOPE AND GENERAL PROVISIONS

(1) Applicability. These rules apply to the procedures in admiralty and maritime claims within the meaning of Fed. R. Civ. P. 9(h), which in turn are governed by the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure [Admiralty Supplemental Rules] in the United States District Courts in the State of Mississippi. As used in these Local Admiralty Rules, the term "judicial officer" or "court" means either a United States District Judge or a United States Magistrate Judge.

(2) Citation Format.

(a) The Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure should be cited as "Supplemental Rule [ ]."

(b) The Local Admiralty and Maritime Rules must be cited as "Local Admiralty Rule (L.A.R. [ ])."

(3) Application of Local Admiralty and Maritime Rules. The Local Admiralty Rules apply to all actions governed by L.A.R. A(1), and to the extent possible should be construed to be consistent with the other local rules of this court. To the extent that a Local Admiralty Rule conflicts with another local rule of this court, the Local Admiralty Rule controls.

(4) Designation of "In Admiralty" Proceedings. All pleadings filed in a Fed. R.Civ. P. 9(h) action should set forth the words, "IN ADMIRALTY" following the designation of the court. See Admiralty Form 28 on the courts' Websites.

(5) In Rem Admiralty and Maritime Jurisdiction. In any action brought in rem under the admiralty and maritime jurisdiction of this court, a plaintiff may present a motion and order for the arrest of property to any judicial officer within the district, in the event that the judicial officer assigned to the matter is not readily available to review the pleadings. If a plaintiff has procured a person, firm, or corporation to serve as a substitute custodian of seized property, any judicial officer in the district may sign an order, supported by a motion, permitting the United States Marshal to deliver the property seized to the substitute custodian, assuming the motion is joined by all parties or is being submitted before the appearance of any opposing party. In addition to any other supporting reasons, a plaintiff petitioning to transfer seized property to a substitute custodian must show, by means of a Certificate of Insurance or other sufficient proof of insurance, that there is sufficient insurance coverage for the vessel/property while in the possession of the substitute custodian, and must maintain the coverage in place during the pendency of the case. The insurance must comply with the mandates of the United States Marshal and specifically name the substitute custodian as a named insured.

(6) Verification of Pleadings. Every complaint or claim made under the Admiralty Supplemental Rules must be verified on oath or affirmation by a party, or an officer of a corporate party. If no party or corporate officer is within the district, verification of a complaint or claim may be made by an agent, attorney-in-fact, or attorney of record, who declares the sources of the signer's knowledge or the contents of the verified document, that the document verified is true to the best of the signer's knowledge, the reason why verification is not made by the party or corporate officer, and that the signer has signatory authority. The verification will be deemed to be that of the party, as if verified personally. Any interested party may move, with or without a request for stay, for a personal oath of a party or all parties, or that of a corporate officer. If required by the court, verification must be procured by commission or as otherwise ordered.

(7) Amendment of Pleadings to Add or Delete Rule 9(h) Designations. In any case in which a plaintiff makes a maritime claim within the meaning of Fed. R. Civ. P. 9(h), but the plaintiff could also bring all or a portion of the claims under a different source of jurisdiction and thereby request a trial by jury, the plaintiff's motion to amend the pleadings to either add or delete the Rule 9(h) designation must be made by the general deadline set for amendments to all pleadings. Likewise, in any case in which a plaintiff makes a maritime claim within the meaning of Rule 9(h) and also demands a jury trial, the plaintiff must designate the division of those claims by the deadline set for amendment to pleadings, in the absence of a designation, the entire case will proceed under Rule 9(h) and be set for trial without jury. If a plaintiff elects to drop a Rule 9(h) designation entirely, any vessel or other property previously seized under the Admiralty Supplemental Rules must be immediately released from the custody of the U.S. Marshal or the substitute custodian, upon the motion of any party.

(8) Issuance of Process. Except as limited by Supplemental Rules (B)(1) or (C)(3) and L.A.R. B(3) or C(2), or in suits prosecuted in forma pauperis and sought to be filed without pre-payment of fees or costs, or without security, all process will be issued by the court without further notice of the court.

(9) Publication of Notices. Unless otherwise required by the court or applicable Local Admiralty or Supplemental Rule, whenever a notice is required to be published by any statute of the United States or by any Supplemental Rule or Local Admiralty Rule, the notice must be published in a newspaper of general circulation in the district where the lawsuit is pending, once a week for three consecutive weeks. If the action involves a marine casualty and is pending in a district other than where the marine casualty occurred, then the plaintiff must also publish the required notice in a newspaper of general circulation where the casualty occurred. All plaintiffs must use due diligence to provide direct notice to all known or reasonably anticipated claimants.

(10) Form and Return of Process in In Personam Actions. Unless otherwise ordered by the court, Fed. R. Civ. P. 9(h) process must be by civil summons, and must be returnable twenty-one (21) days after service of process; except that process issued in accordance with Supplemental Rule (B) must conform to the requirements of that rule.

(11) Taxation of Costs. If costs are awarded to any party, the following may be taxed as costs in the case, in the manner provided for a civil action:

(a) The reasonable premium or expenses paid on all bonds or stipulations or other security by the party to whom costs are awarded.

(b) Reasonable wharfage or storage charges while in custody of the court.

(c) Costs of publication of notices under applicable rules of court.

(d) Any other reasonable expenses determined by the court, on motion and after hearing, to have been necessarily incurred and proper as costs.

(12) Forms - Admiralty and Maritime Rules. Examples of forms which may be used in admiralty and maritime actions are located on the courts' Websites under "Admiralty Forms." These forms provide illustrations of format and content, but they are neither mandatory nor exhaustive.