Right to Hearing for Obtaining Release of Res

Any person claiming an interest is entitled to a prompt hearing in which the plaintiff is required to show why arrest or attachment should not be vacated or other relief granted consistent with the federal admiralty procedural rules, whenever property is arrested or attached.  Fed. R. Civ. P. Supp. Admiralty Rule E(4)(f) is designed to satisfy the constitutional requirement of due process by guaranteeing to the ship owner a prompt post-seizure hearing at which s/he can attack the complaint, the arrest, the security demanded, or any other alleged deficiency in the proceedings.

The Rule E(4)(f) is triggered by the defendant or any other person with an interest in the property seized.  The court is required to hold a hearing as promptly as possible to determine whether to allow the arrest or attachment to stand, upon an oral or written application similar to that used in seeking a temporary restraining order.  However, the plaintiff has the burden of showing why the seizure should not be vacated.  The hearing also may determine the amount of security to be granted or the propriety of imposing counter-security to protect the defendant from an improper seizure.


Inside Right to Hearing for Obtaining Release of Res