Local Rule LAdR 11: Release of Seizures -- Custodial, Cost -- General Bonds

LAdR 11. Release of Seizures -- Custodial, Cost -- General Bonds.

(a) Property seized by the Marshal may be released as follows:

(1) By the Marshal upon his receipt of security, accompanied by the endorsed express authorization for release signed by the party or his attorney as provided by Supplemental Rule E(5)(c) if all costs and charges of the Court and its officers shall have first been paid. Monies received as part of any cash stipulation shall be delivered to the Clerk by the Marshal for deposit in the registry of the Court.

(2) In an action entirely for a sum certain, by paying into the Court the amount alleged in the complaint to be due, with interest at six percent per annu thereon from the date claimed to be due to a date twenty-four months after the date the claim was filed, or by filing an approved stipulation for such alleged amount and interest. In either event, claim of the property shall be filed.

(3) In actions other than possessory, petitory, and partition, by filing, in additio to a claim of the property, an approved stipulation for the amount of the appraised or agreed value of the property seized, with interest (unless otherwise ordered by the Court), conditioned to abide by all orders of the Court, interlocutory or final, and to pay the amount awarded by the final decree rendered by this Court or by any appellate Court, with interest.

(4) In possessory, petitory, and partition actions, only upon the order of the Court, and on such security and terms as ordered.

(5) Upon the dismissal or discontinuance of the action or upon the written consent of the attorney for the party on whose behalf the property is detained, if all costs and charges of the Court and its officers shall have first have been paid.

(b) The Marshal shall not deliver any property so released until his costs and charges shall first have been paid.

(c) Before releasing any property under arrest, the Marshal shall use his best efforts to notify all intervening claimants or their attorneys.

(d) In any general bond as provided for by Supplemental Rule E(5)(B), the vessel will be identified by name, nationality, dimensions, official number or registration number, hailing port and port of documentation, to the extent applicable.

The owner of such vessel shall also file complete designated United States address for communications to the owner or designated agent, which shall be by mail.

Execution of process against the vessel or stayed under Supplemental Rule E(5)(B) shall be endorsed to the Marshal as stayed pursuant to that Rule. Such process shall be served together with a copy of the complaint by the Marshal on the master or other person in whose charge or custody the vessel is found and the Marshal shall make his return thereof. If no master or other person in charge of custody is found aboard the vessel, the Marshal shall so make his return accordingly, and the Clerk shall advise by mail the owner or designated agent, at the address furnished pursuant to this Rule, of the nature of the actions, any amount claimed, the plaintiff, the name and address of plaintiff's attorney, the case number, and the return day thirty days from the date of the Marshal's attempt.

The Clerk will maintain a current list of vessels subject to a General Bond and file said bonds alphabetically by name of vessel and endorsed as provided by Supplemental Rule E(5)(b)