Post-seizure Hearing

U.S. District Court for the Eastern District of Pennsylvania

Rule Set: Local Admiralty Rules of the United States District Court for the Eastern District of Pennsylvania

Rule: 5

Jurisdiction: EDPA

Bluebook Citation: E.D. Pa. L.R. Adm. 5

Where property is arrested or attached, any person claiming an interest in the property arrested or attached may upon a showing of any improper practice or manifest want of equity on the part of the plaintiff, be entitled to an order requiring the plaintiff to show cause forthwith why the arrest or attachment should not be vacated or other relief granted consistent with these rules. A hearing shall be held on the order to show cause within forty-eight (48) hours of service of the order upon counsel for the plaintiff. The hearing shall be held before the judge to whom the matter is assigned, or, if unavailable, before the emergency judge. This rule shall have no application to suits for seamen’s wages when process is issued upon a certificate of sufficient cause filed pursuant to section 4546 of the Revised Statutes (Title 46, U.S. Code, Section 603 and 604. -5-

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