LR E.1: Actions in Rem and Quasi in Rem
(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. On seizure of a vessel by arrest or attachment, the marshal must appoint as custodian of the vessel the master or other officer in control of the vessel if the master or other officer accepts the responsibilities and liabilities of the appointment. Absent such acceptance, the marshal must make other satisfactory arrangements for the safekeeping of the vessel. The marshal in either event may require the party at whose instance the vessel was seized to pay the fees and costs as incurred. On motion of the plaintiff or another person claiming an interest in the vessel, the Court may appoint a different custodian. In that event the person at whose instance the appointment was made must pay the fees and costs as incurred. Unless restriction of the vessel is necessary for its safekeeping, the loading or discharging of 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 a marine terminal or to a local anchorage within the district without further court order.
(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.
March 1, 2010