(a) Advance Deposit for Cost.
The United States Marshal shall collect in advance of the arrest, attachment or garnishment only that amount sufficient to cover the cost of service or process,
United States Marshal's insurance and 10 days keeper and maintenance fees. If the plaintiff is represented by an attorney duly authorized to practice in this
District, then the advance deposit for cost may be satisfied by tendering to the United States Marshal a check from the attorney or attorney's firm in the amount
of the required deposit. The United States Marshal shall not deliver any property so released until costs and charges of the Court have been paid.
(b) Custody and Operation of Seized Vessels. Upon seizure of a vessel by arrest or attachment, the Marshal shall appoint as custodian of the vessel the
master or other officer in control of the vessel if the master or such other officer shall accept the responsibilities and liabilities incidental to such appointment.
Absent such acceptance, the Marshal shall make such other arrangements for the safekeeping of the vessel as shall be satisfactory to the Marshal. The Marshal in
either event may require the party at whose instance the vessel was seized to pay any costs as incurred. Upon proper motion of the plaintiff or of any other person
claiming an interest in the vessel, the Court may appoint a different custodian in which event the fees and costs thereof shall be paid as incurred by the party at
whose instance such appointment was made. Unless restriction thereof is deemed necessary for the safekeeping of any vessel seized by the Marshal, the loading or
discharging of its cargo or other normal working of the vessel shall not be impeded. The Marshal may permit the vessel to be moved from berth to berth within any
one marine terminal or to a local anchorage within the District without further order of the Court.
(c) Release of Maritime Property. The United States Marshal shall release property under arrest, attachment or garnishment upon receipt of any of the
following:
(1) An order of the Court expressly authorizing the release; or
(2) A stipulation signed by the party on whose behalf the property is detained, or his or her attorney, expressly authorizing the release; or
(3) A voluntary dismissal under Fed. R. Civ. P. 41(a) signed by the party on whose behalf the property is detained, or his or her attorney, which
expressly authorizes the release.
(4) Under (2) and (3), it is not necessary that the defendant or his or her attorney sign the
pleading.
January 01, 1992
