Local Rule LAdR 10: Appraisement, Appraisers, and Other Matters

LAdR 10. Appraisement, Appraisers, and Other Matters.

(a) Order for appraisement of property under arrest or attachment, or of plaintiff's interest in the vessel and pending freight under Supplemental Rule F(7), shall issue only upon motion and notice pursuant to Federal Rule of Civil Procedure 7(b) or upon consent of the attorneys for the respective parties.

Before executing their trust, appraisers shall be sworn or affirmed to faithful discharge thereof before the Clerk or his deputy. The appraisement shall be returned to the Clerk's office and the Clerk's office shall give notice of the return to the parties or their attorneys. Any party, on notice, may appeal the appraisement instanter to the Court. After return of the appraisement the Court, on notice and hearing, shall determine the value of the property under arrest or attachment or the value of plaintiff's interest in the vessel and pending freight.

For their services appraisers shall be paid fees, as ordered by the Court, by the party at whose instance the appraisal was ordered. An appraiser's fee shall thereafter be taxed as the Court orders.

(b) All other maritime procedures and remedies such as motions for appointment of substitute custodians and like matters are left to be handled by an originating motion pursuant to Rule 7(b), Federal Rules of Civil Procedure, on such notice as the exigencies of the circumstances may require.