Intervenor's Lien or Other Non-Possessory or Non-Ownership Claim in Admiralty and Maritime Cases (a) Filing of Intervening Complaint

When a vessel or other property has been arrested, attached or garnished in an action filed pursuant to Fed. R. Civ. P. Supp. B, C(6), or D, and the vessel or property is in the hands of the marshal or custodian substituted therefore, anyone having a lien or other non-possessory or non-ownership based claim against the vessel or property is required to present said claim by filing an intervening complaint, and not by filing an original complaint, unless otherwise ordered by a judge. The clerk shall promptly deliver a conformed copy of the complaint in intervention and the intervener's warrant of arrest or process of attachment or garnishment to the marshal, who shall deliver the same to the vessel or custodian of the property. Interveners shall thereafter be subject to the rights and obligations of parties, and the vessel or property shall stand arrested, attached or garnished by the intervener.

An intervener shall not be required to advance a security deposit to the marshal. (b) Sharing Marshal's Fees and Expenses. An intervener shall owe a debt to the first plaintiff, enforceable on motion, consisting of the intervener's share of the marshal's fees and expenses in the proportion that the intervener's claim bears to the sum of all the claims. If a party plaintiff permits vacation of an arrest, attachment or garnishment, remaining plaintiffs share the responsibility to the marshal for fees and expenses in proportion to the remaining claims and for the duration of the marshal's custody because of each claim.

USDC Admiralty & Maritime Local Rules - Revised December 1, 2009 ADMIR-12 9.

CUSTODY SALE AND RELEASE OF PROPERTY