Cases Transferred to a District Court Outside of the Fifth Circuit

Unless all affected parties consent to the transfer, an order that transfers a case to a district court outside the Fifth Circuit is stayed for 21 days from the date the order is entered on the docket. This rule does not apply to transfer orders of the United States Judicial Panel on Multidistrict Litigation. [Amended February 4, 2025] LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS LAR 4.1 Process LAR 4.2 Summons to Show Cause Why Funds Should Not Be Paid to Court 49 LAR 4.1 Process (A) (B) In addition to the requirements set forth in Admiralty Rule B , the clerks of court must not issue a summons and process of attachment and garnishment until (1) the verified complaint and affidavit filed pursuant to Admiralty Rule B are reviewed by the court; (2) the court determines if the conditions set forth in Rule B appear to exist, and enters an order so stating and authorizing process of attachment and garnishment. Supplemental process enforcing the court’s order may be issued by the clerk upon application without further order of the court. If the plaintiff or his or her attorney certifies that exigent circumstances make review by the court impracticable, the clerk must issue a summons and process of attachment and garnishment and the plaintiff has the burden on a post- attachment hearing under LAR4.1(C) to show that exigent circumstances existed.

In actions in rem pursuant to Admiralty Rule C , the verified complaint and supporting affidavit filed in connection therewith must be reviewed by the court and no warrant for the arrest of a vessel may issue, unless the court determines that the conditions for an action in rem appear to exist, and enters an order so stating and authorizing a warrant. Supplemental process enforcing the court’s order may be issued by the clerk upon application without further order of the court. If the plaintiff or his or her attorney certifies that exigent circumstances make review by the court impracticable, the clerk must issue a summons and warrant for the arrest and the plaintiff has the burden on a post-arrest hearing under LAR 4.1(C) to show that exigent circumstances existed. (C) When property is arrested or attached pursuant to Supplemental Rule B or C, any person claiming an interest in it is entitled to a prompt hearing at which the plaintiff must show why the arrest or attachment should not be vacated or other relief granted consistent with these rules.

This rule does not apply to suits for seamen’s wages when process is issued upon a certification of sufficient cause signed pursuant to 46 U.S.C. 603 and 604. (D) If the judge to whom the particular case is allotted is not immediately available, matters referred to in this LAR 4.1 may be presented to any other judge without the necessity of reallotment of the case. [Amended February 1, 2011] LAR 4.2 Summons to Show Cause Why Funds Should Not Be Paid to Court A summons issued pursuant to Admiralty Rule C(3) dealing with freight or the proceeds of property sold, or intangible property must direct the person having control of the funds to show cause why the funds should not be paid into court to comply with the judgment in accordance with the procedure described in the Civil Rules to notice motions for submission. [Amended February 1, 2011] LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY LAR 64.1 Publication and Time to Claim and Answer Where Publication Necessary and Under 50 Supplemental Rule C(4) LAR 64.2 Release of Vessel or Property Under Admiralty LAR 64.3 Movement of Vessels Under Seizure LAR 64.4 Consent Guardian LAR 64.5 Notices LAR 64.6 Sales LAR 64.7 Night Vessel Seizures LAR 64.1 Publication and Time to Claim and Answer Where Publication Necessary and Under Supplemental Rule C(4) In all cases where publication is necessary under Admiralty Rule C(4) , the time for filing a right of possession or any ownership interest in the property that is the subject of the action is hereby extended for a period of 21 days from the date of the publication. The published notice must contain the title and the number of the suit, the date of the arrest and identity of the property arrested, the name of the marshal, and the name and address of the attorney for the plaintiff. It must also state that parties must file their right of possession or any ownership interest in the property that is the subject of the action pursuant to Rule C(6) with the clerk and serve the attorney for plaintiff within 21 days after the date of first publication, or within such other time as may be allowed by the court, and must serve their answers within 21 days after the filing of their right of possession or any ownership interest in the property that is the subject of the action; that, if they do not, default may be entered and condemnation ordered; and that application for intervention under FRCP 24, by persons asserting right of possession or any ownership interest in the property that is the subject of the action or other interests may be untimely if not filed within the time allowed for asserting right of possession or any ownership interest in the property that is the subject of the action . [Amended February 1, 2011] LAR 64.2 Release of Vessel or Property Under Admiralty The marshal is authorized to release a vessel or property if the party at whose instance the vessel or property is detained or his or her attorney, expressly authorizes the marshal in writing to release the vessel or property, and agrees in writing to hold the marshal and his deputies forever harmless from any and all liability as a result of the release of the vessel or other property pursuant to such authorization.

At the same time the party or his or her attorney must certify that all costs and charges of the court and its officers have either been paid or that none are due. LAR 64.3 Movement of Vessels Under Seizure Without a separate order in each individual case, the marshal is authorized to move the vessels under seizure by him within the district in such a manner and at such times as he, acting as a prudent administrator, finds to be necessary to their proper safeguarding and preservation while under seizure. Further, and without an order of court, he is authorized to permit the moving of vessels anywhere within the area of the district when the party at whose instance the vessel is detained and its owner, or the owner’s attorney, expressly authorizes in writing such a movement and agrees in writing to hold the marshal and all his deputies harmless from any and all liability as a result of any such move. 51 LAR 64.4 Consent Guardian The marshal is authorized, without special order of court, to appoint the master of the vessel or another competent person as keeper or custodian of any vessel under seizure with their consent, provided that all parties to the action or their attorneys shall have expressly consented in writing to the appointment and shall have agreed in writing to hold the marshal and all of his deputies harmless from any and all liability as a result of the appointment.

LAR 64.5 Notices Unless otherwise ordered by the court, or otherwise provided by law, all notices required to be published by statute, rule, or order of court must be published in the Times-Picayune New Orleans Advocate. [Amended February 1, 2011; March 1, 2022] LAR 64.6 Sales (A) (B) Notice. Unless otherwise ordered by the court or otherwise provided by law, notices of sale of arrested or attached vessels or property must be published on three different days, the first of which must be published at least 14 days and the last at least three days before the day of the sale. Confirmation. In all public auction sales of admiralty by the marshal of this court, the marshal must require the last and highest bidder to whom the property is adjudicated to deposit a minimum of $500.00 or 10% of the bid, whichever is greater, in cash or certified check, or cashier’s check on a local bank.

In the event that the last and highest bid should be for an amount not in excess of $500.00, its full amount must be paid at the time of adjudication. The balance, if any, of the purchase price must be paid in cash or by certified or cashier’s check on a local bank on or before confirmation of the sale by the court and within 14 days of the adjudication or dismissal of any opposition which may have been filed. At the conclusion of the auction, the marshal must immediately report to the court the fact of the sale, the price brought, and the name of the buyer, and the clerk must endorse upon such report the time and date of filing. If within three business days no written objection is filed, the sale is confirmed, provided that no sale is confirmed until the buyer has performed the terms of his purchase.

In the event no opposition to the sale shall have been made, the cost of keeping the property pending confirmation must be paid out of the proceeds of the sale; except that if the confirmation is delayed by the purchaser’s failure to pay any balance which is due on the price, the cost of keeping the property must be borne by the purchaser after the three day period has lapsed. In the event an opposition to the sale is filed, the opponent must deposit with the marshal, in advance, costs of keeping the property pending the court’s determination of the opposition; in default of his or her making the advance, his or her opposition fails without affirmative action by the court. If the opposition fails, the cost of keeping the property during its pendency is borne by the opponent. 52 At the auction, the marshal must take, record, and report the cost, the name and address of the second highest bidder, and the amount of that second highest bid.

In the event that the highest bidder fails to meet his or her financial obligation pertaining to his or her bid, the court may, with the approval of the party or parties at whose instance the sale has been ordered, and of the second highest bidder, confirm the sale to the second highest bidder. [Amended February 1, 2011] LAR 64.7 Night Vessel Seizure For the safety of deputy United States Marshals, in the normal course of events, the United States Marshal’s Service will not seize vessels that require a bar pilot for their movement in the Mississippi River after dark; provided, however, that the United States Marshal’s Service receives from the appropriate pilots’ association, after notification to the association that a warrant of attachment has been issued and is in the hands of the Marshal, written acknowledgment that the pilots’ association will hold the vessel in the port or at anchorage and not permit movement of the vessel until the United States Marshal’s service can seize the vessel the following morning. In any case in which the seizing party can show exigent circumstances requiring an immediate seizure, before the time the United States Marshal’s Service would seize the vessel under this Rule, any judge of this court may order the United States Marshal’s Service to execute the warrant and seize a vessel at any time of the day or night. [Adopted February 1, 2011] LOCAL ADMIRALTY RULE 65 - SECURITY LAR 65.1 Sureties In all cases where the surety on a bond or stipulation for the release of a vessel or other property under seizure is not a corporate surety holding a certificate of authority from the Secretary of the Treasury, and the bond or stipulation is not approved as to amount and nature by the party at whose instance the vessel or other property is detained, or by his or her attorney, the vessel or property must not be released without an order of a judge approving the surety, or in the absence of a judge, the clerk, after reasonable notice and opportunity to be heard. Such approval must not limit the right of a party to move, under Rule E(6) of the Supplemental Rules, FRCP, to reduce the amount of surety given or to require new or additional sureties. [Amended February 1, 2011] 53 APPENDIX NOTICE REGARDING COMPLAINTS OF JUDICIAL MISCONDUCT OR DISABILITY To improve the administration of justice in the federal courts, Congress passed the Judicial Conduct and Disability Act, codified at 28 U.S.C. § 351-364. The law authorizes complaints against United States Circuit, District, Bankruptcy, and Magistrate Judges who have “engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts” or who are “unable to discharge all the duties of office by reason of mental or physical disability.” The conduct to which the law is addressed does not include making wrong judicial decisions, for the law provides that a complaint may be dismissed if it is “directly related to the merits of a decision or procedural ruling.” The Judicial Council of the Fifth Circuit has adopted Rules For Judicial-Conduct and Judicial- Disability Proceedings.

These rules apply to judges of the United States Court of Appeals for the Fifth Circuit and to the district, bankruptcy, and magistrate judges of federal courts within the Fifth Circuit. The Fifth Circuit includes the states of Texas, Louisiana, and Mississippi. These Rules may be obtained from, and written complaints filed at, the following office: Clerk United States Court of Appeals for the Fifth Circuit 600 S. Maestri New Orleans, LA 70130 54