Execution of Process

In admiralty and maritime proceedings, process in rem or of maritime attachment and garnishment may be served only within the district.[i] A plaintiff may request that issuance and delivery of in rem process or maritime attachment and garnishment process be held in abeyance.[ii] Upon issuance and delivery of the process, when it appears that the defendant cannot be found within the district, the marshal will execute the process making due and prompt return.[iii]

If tangible property is to be attached or arrested, the marshal takes it into the marshal’s possession for safe custody.[iv] If the character or situation of the property is such that the taking of actual possession is impracticable, the marshal affixes a copy thereof to the property in a conspicuous place and leaves a copy of the complaint and process with the person having possession or the person’s agent.[v] In furtherance of the marshal’s custody of any vessel the marshal is authorized to make a written request to the collector of customs not to grant clearance to such vessel until notified by the marshal or deputy marshal or by the clerk that the vessel has been released.[vi]

If intangible property is to be attached or arrested the marshal executes the process by leaving with the garnishee or other obligor a copy of the complaint and process requiring the garnishee or other obligor to answer as provided by the supplemental admiralty rules.[vii] Otherwise, the marshal may accept for payment into the registry of the court the amount owed to the extent of the amount claimed by the plaintiff with interest and costs.[viii]

When the owner or another person remains in possession of property attached or arrested under the provisions that permit execution of process without taking actual possession, the court, on a party’s motion or on its own, may enter any order necessary to preserve the property and to prevent its removal.[ix]

When a warrant of arrest or other process in rem is issued in any cause of admiralty jurisdiction, the marshal should stay the execution of such process, or discharge the property arrested if the process has been levied, on receiving from the claimant of the property a bond or stipulation in double the amount claimed by the libellant, with sufficient surety, to be approved by the judge.[x]

[i] USCS Admiralty and Maritime Claims R E (3) (a)

[ii] USCS Admiralty and Maritime Claims R E(3) (c)

[iii] USCS Admiralty and Maritime Claims R E (4) (a)

[iv] USCS Admiralty and Maritime Claims R E (4) (b)

[v] id

[vi] id

[vii] USCS Admiralty and Maritime Claims R E (4) (c)

[viii] id

[ix] USCS Admiralty and Maritime Claims R E (10)

[x] The Three Friends, 166 U.S. 1, 66-67 (U.S. 1897)


Inside Execution of Process