S.D. Fla. Local Admiralty Rule F

(1) Monition, Injunction and Publication of the Notice. Upon the plaintiff’s filing of an Ad

Interim Stipulation of Value or otherwise posting a deposit or transfer in compliance with

Supplemental Rules F(1) and F(2), the Court shall immediately issue a Monition and Injunction

pursuant to Supplemental Rule F(3). The Monition and Injunction shall: enjoin the further

prosecution of any action or proceeding against the plaintiff or the plaintiff’s property with

respect to any claim subject to limitation in the action; order that all persons asserting claims

with respect to which the complaint seeks limitation to file and serve their respective claims

pursuant to Supplemental Rule F(4); order that public notice be effectuated by the plaintiff

pursuant to Supplemental Rule F(4); and approve the Ad Interim Stipulation of Value or other

form of deposit, transfer or security if it meets the requirements of Supplemental Rules F(1)

and F(2). Upon the issuance of the Monition and Injunction by the Court, the plaintiff shall

effect publication of the notice in accordance with the provisions set forth in Supplemental

Rule F(4) and Local Admiralty Rule A(7). This Local Rule does not affect a claimant’s right

to assert the insufficiency of the fund or security under Supplemental Rule F(7).

(2) Proof of Publication. Plaintiff shall file and serve proof of publication of the notice to

claimants with the Court within seven (7) days after the date fixed by the Court pursuant to

Supplemental Rule F(4). It shall be sufficient proof for plaintiff to file and serve the sworn

statement or a declaration pursuant to 28 U.S.C. § 1746 by, or on behalf of, the publisher or

editor, indicating the dates of publication, along with a copy or reproduction of the actual

publication.

(3) Security and Appraisals Pursuant to Supplemental Rule F(7). Upon the filing and serving

of a claimant’s motion pursuant to Supplemental Rule F(7) demanding an increase in the funds

deposited in Court or the security given by plaintiff, the Court shall order an appraisement of

the value of the plaintiff’s interest in the vessel and pending freight.

Upon receipt of the order directing the appraisal, the parties shall have seven (7) days to file

and serve a written stipulation to an appraiser. In the event that the parties do not file a

stipulation, the Court shall appoint the appraiser.

The appraiser shall promptly conduct an appraisal and thereafter file the appraisal with the

Clerk of the Court and serve a copy of the appraisal upon the moving party and the plaintiff.

The appraiser shall also file and serve a Certificate of Service indicating the date and manner

in which service was perfected.

At such time that the parties agree to the quantum of the plaintiff’s Ad Interim Stipulation of

Value, deposit or security, or alternatively, the Court finds that the plaintiff’s Ad Interim

Stipulation of Value is insufficient or excessive, the Court shall order that a deposit or security

be effectuated for the amount agreed by the parties or the amount found by the Court to be

sufficient, after the date for objections to the appraisal under Supplemental Rule F(4) has

passed and the Court has ruled on the objections. The Joint Stipulation of the Parties as to the

Value of the Vessel shall substantially conform to the form identified as SDF 18 on the Court’s

website (www.flsd.uscourts.gov).

(4) Objections to the Appraisal. Any party may move to set aside the appraisal within fourteen

(14) days following the filing of the appraisal with the Clerk of the Court.

(5) Fees of the Appraiser. The Court shall establish the fee to be paid the appraiser. Unless

otherwise ordered by the Court, the fee shall be taxed against the party seeking relief under

Supplemental Rule F(7).

(6) Order of Proof at Trial. In an action where plaintiff seeks to limit liability, the claimants shall

offer their proof at trial first, whether the right to limit arises as a claim or as a defense.