SEIZURE OF PERSONS AND PROPERTY

(a) Issuance of Writ. A writ or other process issued for the seizure of persons or property pursuant to F.R.Civ.P. 64, 69, or 70 must be issued, attested, signed, and sealed as required for writs issued out of this court. (b) Writ or Other Process of Seizure. A writ or other process for seizure in a civil action must be directed to, executed, and returned by the United States Marshal, a state or local law enforcement officer authorized by state law, or a private person specially appointed by the court for that purpose pursuant to an application and order.

(c) Process Requiring Entry Upon Premises. (1) An order of court requiring entry upon private premises without notice must be executed by the United States Marshal, a state or local law enforcement officer authorized by state law, or a private person specially appointed by the court for that purpose pursuant to an order obtained upon application filed pursuant to LBR 9013-1(q). The application must be supported by evidence supporting all facts asserted in the application. (2) If a writ or other process is to be executed by a private person, the private person must be accompanied by a United States Marshal or a state or local law enforcement officer present at the premises during the execution of the order.

(d) Eviction. Any eviction to be made pursuant to a writ of, or order for, possession issued by the court must be effected by the United States Marshals Service, unless otherwise ordered by the court. (e) Form of Writ or Order. United States Marshals Service must include the following language: Any writ of, or order for, possession to be effected by the “Upon execution and entry of this Writ or Order, the United States Marshals Service [and any other executing officer authorized by the court] (collectively, the “U.S. Marshal”) is immediately directed to assist [the party enforcing the writ or order] to enforce the underlying order awarding possession.

104 LBR 7067-1 [The party enforcing the writ or order] and/or [his/her/its] authorized agent(s) will act as substitute custodian of any and all items of personal property seized pursuant to this Writ or Order and the U.S. Marshal shall have no liability arising from any acts, incidents, or occurrences in connection with the seizure of the personal property located at the subject real property arising in the ordinary authorized scope of duties of the U.S. Marshal (which acts do not include acts arising from negligent or intentional tortious conduct), including any third party claims and the U.S. Marshal shall be discharged of his or her duties and responsibilities for safekeeping of the seized goods. The U.S. Marshal accomplishing such eviction or seizure shall use whatever reasonable force necessary to break open and enter the subject real property regardless of whether the premises or location is locked or unlocked, occupied or unoccupied and to inspect the contents of any room, closet, cabinet, vehicle, container, desk or documents. Anyone interfering with the execution of this Writ or Order is subject to arrest by law enforcement officials.”