Local Rule Rule G: FORFEITURE ACTIONS IN REM

Rule G. FORFEITURE ACTIONS IN REM

(1) Scope. This rule applies to all civil forfeiture in rem actions arising from a federal statute. To the extent that this rule does not address an issue, L.A.R. C and E apply. If neither this rule nor L.A.R. C or E address an issue, then Supplemental Rule (G) applies.

(2) Verification of the Complaint. A complaint filed in any civil forfeiture action in rem action arising from a federal statute must be verified by affirmation of a person having knowledge, firsthand or otherwise, of the facts alleged in the complaint.

(3) Forfeiture of Real Property

(a) If the defendant in an in rem civil forfeiture action is real property, the government must proceed in accordance with 18 U.S.C. § 985.

(b) After a complaint is filed, and on the request of the government, a judicial officer will issue a writ of entry to allow inspection and inventory of the property.

(c) If the court issues a seizure warrant for real property before the entry of an order of forfeiture under 18 U.S.C. § 985(d)(1)(B)(ii), it will conduct a prompt post-seizure hearing during which the property owner may contest the basis for the seizure.

(4) Forfeiture of Other Property; Arrest Warrant In Rem

(a) If property other than real property is already in the possession, custody, or control of the government when the complaint for forfeiture is filed, the clerk of the court will issue a warrant to arrest the property.

(b) If property other than real property is not already in the possession, custody, or control of the government, upon a finding of probable cause, the Court must issue a warrant to arrest the property.

(c) A warrant is not necessary if the property is already subject to a judicial restraining order.

(5) Notice

(a) Generally. The plaintiff must provide notice of any civil forfeiture action in rem in accordance with Supplemental Rule (G)(4). The government may publish notice on an official government forfeiture website for at least 30 consecutive days.

(b) Known Potential Claimants. The government must send notice of the action and a copy of the complaint to any person who reasonably appears to be a potential claimant.

(c) Property Valued at Less than $1,000.00. Publication is not required as long as direct notice is sent to all known potential claimants under Supplemental Rule (G)(4)(b).

(6) Responsive Pleadings

(a) Strict Compliance Required. All claims and answers must be filed within the filing deadlines established by Supplemental Rule (G)(5), unless the court, for good cause, grants an extension of time to file a claim or answer before the expiration of those deadlines.

(b) Excuse. Failure to file a timely claim or answer will not prevent a claimant from petitioning the court to excuse the failure to strictly comply with Supplemental Rule (G)(5).

(c) Claim Form. A claim form should substantially conform to Admiralty Form 27 on the courts' Websites.

(7) Special Interrogatories. The number of Special Interrogatories propounded under Supplemental Rule (G)(6) will not count toward the limits imposed on interrogatories under FED. R. CIV. P. 33 or L.U. CIV. R. 26.

(8) Default; Default Judgment

(a) Entry of Default. The government may, under FED. R. CIV. P. 55(a), seek the entry of a default against any person or entity that has failed to plead or otherwise defend against any civil forfeiture action in rem commenced by the government. Any request for entry of a default must be accompanied by proof of publication of notice and proof of all direct notices sent to known potential claimants.

(b) Default Judgment; Complete or Partial. Not later than 30 days after entry of default, the government must file a motion for entry of a default judgment. The government may request entry of either a complete default judgment or a default judgment against all persons or entities that have failed to file a timely claim and answer within the time stated in any direct or published notice.

(9) Taxation of Costs. Costs awarded to a claimant are limited to those costs authorized by 28 U.S.C. § 2465.