Local Rule LAR4.1: Process

LAR4.1 Process A. In addition to the requirements set forth in Admiralty Rule B, the clerk of these courts must not issue a summons and process of attachment and garnishment until such time as the verified complaint and affidavit filed pursuant to Admiralty Rule B be reviewed by the court and it determines if the conditions set forth in Rule B appear to exist and enters an order so stating, and authorizing process of attachment and garnishment. Supplemental process enforcing the court's order may be issued by the clerk upon application without further order of the court. If the plaintiff or his or her attorney certifies that exigent circumstances make review by the court impracticable, the clerk must issue a summons and process of attachment and garnishment and the plaintiff will have the burden on a post-attachment hearing under LAR4.1(C) to show that exigent circumstances existed.

B. In connection with actions in rem pursuant to Admiralty Rule C, the verified complaint and supporting affidavit filed in connection therewith must be reviewed by the court and no warrant for the arrest of a vessel must issue unless the court determines that the conditions for an action in rem appear to exist, and enters an order so stating, and authorizing a warrant. Supplemental process enforcing the court's order may be issued by the clerk upon application without further order of the court. If the plaintiff or his or her attorney certifies that exigent circumstances make review by the court impracticable, the clerk must shall issue a summons and warrant for the arrest and the plaintiff will have the burden on a post-arrest hearing under LAR4.1(C) to show that exigent circumstances existed.

C. The procedure for release from arrest or attachment either pursuant to Supplemental Rule B or C will be as follows: Whenever property is arrested or attached, any person claiming an interest in it will be entitled to a prompt hearing at which the plaintiff will be required to show why the arrest or attachment should not be vacated or other relief granted consistent with these rules. This rule will have no application to suits for seamen's wages when process is issued upon a certification of sufficient cause signed pursuant to 46 USC 603 and 604.

D. If the judge to whom the particular case is allotted is not available, matters referred to in this LAR4.1 may be presented to any other judge without the necessity of reallotment of the case.