Local Rule Civil Rule C.1: Actions in Rem

Civil Rule C.1 Actions in Rem a. Actions in Rem. If, before or after commencement of suit, plaintiff accepts any written undertaking to respond on behalf of the vessel or other property sued in return for foregoing the arrest or stipulating to the release of such vessel or other property, the undertaking will become a defendant in place of the vessel or other property sued and be deemed referred to under the name of the vessel or other property in any pleading, order or judgment in the action referred to in the undertaking. The preceding must apply to any such undertaking, subject to its own terms and whether or not it complies with Civil Local Rule 65.1.2 and has been approved by a judge or clerk. b. Publication of Notice of Action and Arrest. Plaintiff will cause the notice required by Rule C(4) to be published once in the official newspaper of the Court. The notice must contain the title and number of the action or proceeding, the date of the arrest, the identity of the property arrested, the name of the marshal, and the name and address of the attorney for plaintiff. It must also contain a statement that claims of persons entitled to possession must be filed with the District Court and served upon the attorney for plaintiff within fourteen (14) days after publication; that answers to the complaint must be filed and served within twenty-one (21) days after the filing of the claim, or within such additional time as may be allowed by a judge; that in lieu of an answer, default may be noted and condemnation ordered ; and that applications for intervention under Rule 24, Fed. R. Civ. P., by persons claiming maritime liens or other interests, may be untimely if not filed within the time allowed for claims to possession. c. Intangible Property; Summons Under Rules C (3) and E(4)(c). The summons issued pursuant to Rule C (3) must direct the person having control of funds (consisting of freight, the proceeds of property sold, or other intangible property that is the subject of the action) to show cause why such funds or property should not be delivered to the Court to abide the judgment. This showing may be made by filing with the Clerk and serving on the attorney for plaintiff (1) within fourteen (14) days after the date of publication of notice of action and arrest or within such additional time as may be allowed, a claim under Rule C(6); and (2) within twenty-one (21) days after filing of the claim, an answer to the complaint. If claim and answer are not to be interposed, such person must deliver or pay over to the marshal the property or funds claimed by plaintiff with interest and costs. Service of such summons will have the effect of an arrest of the property and will bring it within the control of the Court.