Complaints

Supp. R. Certain Adm. & Mar. Cl. C(2)(b) requires an admiralty complaint to describe with reasonable particularity the property that is the subject of the action.  Supp. R. Certain Adm. & Mar. Cl. E(2)(a) requires that a complaint state the circumstances from which the claim arises with such particularity that the defendant or claimant will be able, without moving for a more definite statement, to commence an investigation of the facts and to frame a responsive pleading.[i]

Jurisdiction must be affirmatively shown on the face of a libel.  It is not sufficient, that jurisdiction may be inferred, argumentatively, from its averments.[ii]

Supp. R. for Certain Admiralty and Maritime Claims B(1), C(2) require that in rem actions be instituted by means of a verified complaint.  Rule B further requires that the complaint be accompanied by an affidavit to the effect that the defendant cannot be found within the district.[iii]

[i] Great Lakes Exploration Group, LLC v. Unidentified Wrecked & Abandoned Sailing Vessel, 522 F.3d 682 (6th Cir. Mich. 2008)

[ii] El Oriente, 5 F.2d 251 (D.N.Y. 1925)

[iii] Amstar Corp. v. M/V Alexandros T., 431 F. Supp. 328 (D. Md. 1977)


Inside Complaints