Local Rule LAdR 5: Costs and Security, Stipulations for

LAdR 5. Costs and Security, Stipulations for.

(a) In actions where there is sought, in whole or in part, a remedy listed in Supplemental Rule A of the Supplemental Rules For Certain Admiralty and Maritime Claims, Federal Rules of Civil Procedure, no initial pleading seeking such remedy, or claim pursuant to Supplemental Rule F(5), shall be filed unless the party offering the same shall first file a stipulation for costs in the sum of $250.00, or in case two or more vessels are jointly or severally proceeded against, a sum equal to $250.00 per vessel, conditioned that the principal shall pay all costs and expenses awarded against him by any interlocutory order or final judgment, or on appeal. All stipulations shall be with at least one surety in the Southern District of Georgia. Any incorporated surety company duly authorized to do business in the Southern District of Georgia may be accepted as such surety. In the place of the stipulation for costs with surety, a party may deposit the necessary amount in the registry of the Court accompanied by a statement conditioned as above, referring to such deposited amount. In lieu of a surety upon a stipulation for costs, any attorney at law admitted to the bar of this Court may make a certificate that he agrees to become personally liable for costs and expenses stipulated, in which case said attorney shall be personally liable for costs and expenses up to $250.00 per vessel.

(b) Seamen suing as provided in 28 U.S.C. § 1916 shall not be required to file a stipulation for costs in the first instance. The Court may, however, order a stipulation to be given at any time.

(c) At any time, any party having an interest in the subject matter of the action may move the Court, on due notice and for cause, for greater, better, or lesser security; and any such order may be enforced by attachment or otherwise. The Court may enter such order on its own motion, with or without notice.