LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS

LAR4.1  Process
LAR4.1.1W  Vessel Seizure
LAR4.2  Summons to Show Cause Why Funds Should Not Be Paid to Court

LAR4.1  Process

        A.    In addition to the requirements set forth in Admiralty Rule B, the clerk of these courts shall 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 shall issue a summons and process of attachment and garnishment and the plaintiff shall 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 shall be reviewed by the court and no warrant for the arrest of a vessel shall 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 shall issue a summons and warrant for the arrest and the plaintiff shall 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 shall be as follows: Whenever property is arrested or attached, any person claiming an interest in it shall be entitled to a prompt hearing at which the plaintiff shall be required to show why the arrest or attachment should not be vacated or other relief granted consistent with these rules. This rule shall 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.

LAR4.1.1W  Vessel Seizure

        Counsel who intend to file a complaint for vessel seizure shall alert the United States Marshal's Office in the division where the vessel is located no later than six hours prior to the intended filing. In exigent circumstances, the court may grant leave to file the seizure pleadings without the notice described in this rule. Counsel filing the complaint shall notify the court, through the clerk's office, of the intended filing. In the absence of any district judges in the division, a magistrate judge is authorized to order the summons and warrant of arrest if exigent circumstances exist. [Amended November 12, 1999]

LAR4.2  Summons to Show Cause Why Funds Should Not Be Paid to Court

        A summons issued pursuant to Admiralty Rule C(3) dealing with freight or the proceeds of property sold or intangible property shall direct the person having control of the funds to show cause why the funds should not be paid into court to abide the judgment in accordance with the procedure described in the Civil Rules to notice matters for hearing.