LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY
LAR64.1 Publication and Time to Claim and Answer Where Publication Necessary and Under Supplemental Rule C(4)
LAR64.2 Release of Vessel or Property Under Admiralty Rule E(5)(c)
LAR64.3 Movement of Vessels Under Seizure
LAR64.4 Consent Guardian
LAR64.5 Notices
LAR64.6 Sales
LAR64.1E & M Publication and Time to Claim and Answer Where Publication Necessary and Under
Supplemental Rule C(4)
In all cases where publication is necessary under Admiralty Rule C(4), the time for filing a claim is hereby extended
for a period of 15 days from the date of the publication.
The published notice shall contain the title and the number of the suit, the date of the arrest and identity of the property arrested, the name of the marshal, and the name and address of the attorney for the plaintiff. It shall also state that claimants must file their claims pursuant to Rule C(6) with the clerk and serve them on the attorney for plaintiff within 15 days after the date of first publication, or within such further time as may be allowed by the court, and must serve their answers within 20 days after the filing of their claim; that, if they do not, default may be entered and condemnation ordered; and that application for intervention under FRCvP 24, by persons claiming maritime liens or other interests may be untimely if not filed within the time allowed for claims to possession.
LAR64.1W Publication and Time to Claim and Answer Where Publication Necessary and Under Supplemental
Rule C(4)
In all cases where publication is necessary under Admiralty Rule C(4), the time for filing a statement of interest in or
right against the property is hereby extended for a period of 15 days from the date of the publication.
The published notice shall contain the title and the number of the suit, the date of the arrest and identity of the property arrested, the name of the marshal, and the name and address of the attorney for the plaintiff. It shall also state that claimants must file their statement of interest in or right against the property pursuant to Rule C(6) with the clerk and serve them on the attorney for plaintiff within 15 days after the date of first publication, or within such further time as may be allowed by the court, and must serve their answers within 20 days after the filing of their statement of interest or right; that, if they do not, default may be entered and condemnation ordered; and that application for intervention under FRCvP 24, by persons claiming maritime liens or other interests may be untimely if not filed within the time allowed for claims to possession. [Amended December 11, 2001]
LAR64.2 Release of Vessel or Property Under Admiralty Rule E(5)(c)
The marshal is further authorized to release a vessel or property if the party at whose instance the vessel or property is
detained or his/her attorney, expressly authorizes the marshal in writing to release the vessel or property, and agrees in
writing to hold the marshal and his deputies forever harmless of and from any and all liability as a result of the release of
the vessel or other property pursuant to such authorization. At the same time the party or his or her attorney must certify
that all costs and charges of the court and its officers have either been paid or that none are due.
LAR64.3 Movement of Vessels Under Seizure
Without a separate order in each individual case, the marshal is authorized to move the vessels under seizure by him
within the district in such a manner and at such times as he, acting as a prudent administrator, finds to be necessary to their
proper safeguarding and preservation while under seizure. Further, and without an order of court, he is authorized to permit
the moving of vessels anywhere within the area of the district when the party at whose instance the vessel is detained and
its owner, or the owner's attorney, expressly authorizes in writing such a movement and agrees in writing to hold the
marshal and all his deputies harmless from any and all liability as a result of any such move.
LAR64.4 Consent Guardian
The marshal is authorized, without special order of court, to appoint the master of the vessel or another competent
person as keeper or custodian of any vessel under seizure with their consent, provided that all parties to the action or their
attorneys shall have expressly consented in writing to the appointment and shall have agreed in writing to hold the marshal
and all of his deputies harmless from any and all liability as a result of the appointment.
LAR64.5 Notices
Unless otherwise ordered by the court, or otherwise provided by law, all notices required to be published by statute,
rule, or order of court shall be published in the following newspapers, depending on the district and division of the court in
which filed: [Amended June 28, 2002]
Eastern District Times-Picayune
Middle District The Advocate
Shreveport Division Shreveport Times
Monroe Division Monroe Morning World
Alexandria Division The Alexandria Daily Town Talk
Lake Charles Division Lake Charles American Press
Lafayette/Opelousas Division The Daily Advertiser
LAR64.6 Sales
A. Notice. Unless otherwise ordered by the court or otherwise provided by law, notices of sale of arrested or
attached vessels or property shall be published on three different days, the first of which shall be published at least 10 days
and the last at least three days before the day of the sale.
B. Confirmation. In all public auction sales of admiralty by the marshal of this court, the marshal shall require the last and highest bidder to whom the property is adjudicated to deposit a minimum of $500.00 or 10% of the bid, whichever is greater, in cash or certified check, or cashier's check on a local bank. In the event that the last and highest bid should be for an amount not in excess of $500.00, its full amount shall be paid at the time of adjudication. The balance, if any, of the purchase price shall be paid in cash or by certified or cashier's check on a local bank on or before confirmation of the sale by the court and within 10 days of the adjudication or dismissal of any opposition which may have been filed.
At the conclusion of the auction, the marshal shall forthwith report to the court the fact of the sale, the price brought, and the name of the buyer, and the clerk shall endorse upon such report the time and date of filing. This report shall lie over for three days, exclusive of Saturdays, Sundays, and legal holidays. If within these three days no written objection is filed, the sale shall be confirmed as of course, provided that no sale shall be confirmed until the buyer shall have performed the terms of his purchase. In the event no opposition to the sale shall have been made, the cost of keeping the property pending confirmation shall be paid out of the proceeds of the sale; except that if the confirmation is delayed by the purchaser's failure to pay any balance which is due on the price, the cost of keeping the property shall be borne by the purchaser after the three-day period shall have lapsed. In the event an opposition to the sale is filed, the opponent shall be required to deposit with the marshal, in advance, cost of keeping the property pending the determination of the opposition by the court; in default of his making the advance, his opposition shall fail without affirmative action by the court. If the opposition fails, the cost of keeping the property during its pendency shall be borne by the opponent.
At the auction, the marshal shall take, record, and report the cost, the name and address of the second highest bidder, and the amount of that second highest bid. In the event that the highest bidder fails to meet his or her financial obligation pertaining to his or her bid, the court may, with the approval of the party or parties at whose instance the sale has been ordered, and of the second highest bidder, confirm the sale to him or her.