Ancillary Process of In Rem Arrest

Some rules are not affected by the statutory provisions that exclude vessels or other property owned or possessed by or for the U.S. from arrest and seizure.[i] The court can issue a warrant for the arrest of the vessel or other property, if the conditions for an in rem action appear to exist.[ii]

Ancillary arrest of in rem arrest can be found in USCS Admiralty and Maritime Claims R C(5).  If any part of the property which is the subject of in rem action is not brought within the control of the court by means of the in rem process because it was removed or sold, or because it is intangible property in the hands of a person who was not served with process, then the court can order any person having possession or control of such property to show cause:

  • Why it should not be delivered into the custody of the person or organization having a warrant for the arrest of the property, or
  • Why it should not be paid into court to abide the judgment.

After the hearing process, the court can reach into an appropriate judgment as the law and justice requires.

[i] USCS Admiralty and Maritime Claims R C

[ii] USCS Admiralty and Maritime Claims R C(3)(a)


Inside Ancillary Process of In Rem Arrest