Fed. R. Civ. P. Supp. R. C

(1) WHEN AVAILABLE. An action in rem may be brought:

(a) To enforce any maritime lien;

(b) Whenever a statute of the United States provides for a

maritime action in rem or a proceeding analogous thereto.

Except as otherwise provided by law a party who may proceed

in rem may also, or in the alternative, proceed in personam

against any person who may be liable.

Statutory provisions exempting vessels or other property owned

or possessed by or operated by or for the United States from arrest

106 Rule C FEDERAL RULES OF CIVIL PROCEDURE

or seizure are not affected by this rule. When a statute so provides, an action against the United States or an instrumentality

thereof may proceed on in rem principles.

(2) COMPLAINT. In an action in rem the complaint must:

(a) be verified;

(b) describe with reasonable particularity the property that

is the subject of the action; and

(c) state that the property is within the district or will be

within the district while the action is pending.

(3) JUDICIAL AUTHORIZATION AND PROCESS.

(a) Arrest Warrant.

(i) The court must review the complaint and any supporting papers. If the conditions for an in rem action appear to exist, the court must issue an order directing the

clerk to issue a warrant for the arrest of the vessel or

other property that is the subject of the action.

(ii) If the plaintiff or the plaintiff’s attorney certifies

that exigent circumstances make court review impracticable, the clerk must promptly issue a summons and a warrant for the arrest of the vessel or other property that is

the subject of the action. The plaintiff has the burden in

any post-arrest hearing under Rule E(4)(f) to show that exigent circumstances existed.

(b) Service.

(i) If the property that is the subject of the action is a

vessel or tangible property on board a vessel, the warrant

and any supplemental process must be delivered to the

marshal for service.

(ii) If the property that is the subject of the action is

other property, tangible or intangible, the warrant and

any supplemental process must be delivered to a person or

organization authorized to enforce it, who may be: (A) a

marshal; (B) someone under contract with the United

States; (C) someone specially appointed by the court for

that purpose; or, (D) in an action brought by the United

States, any officer or employee of the United States.

(c) Deposit in Court. If the property that is the subject of the

action consists in whole or in part of freight, the proceeds of

property sold, or other intangible property, the clerk must

issue—in addition to the warrant—a summons directing any

person controlling the property to show cause why it should

not be deposited in court to abide the judgment.

(d) Supplemental Process. The clerk may upon application

issue supplemental process to enforce the court’s order without further court order.

(4) NOTICE. No notice other than execution of process is required

when the property that is the subject of the action has been released under Rule E(5). If the property is not released within 14

days after execution, the plaintiff must promptly—or within the

time that the court allows—give public notice of the action and

arrest in a newspaper designated by court order and having general circulation in the district, but publication may be terminated

if the property is released before publication is completed. The notice must specify the time under Rule C(6) to file a statement of

interest in or right against the seized property and to answer.

107 Rule D FEDERAL RULES OF CIVIL PROCEDURE

This rule does not affect the notice requirements in an action to

foreclose a preferred ship mortgage under 46 U.S.C. §§ 31301 et seq.,

as amended.

(5) A NCILLARY PROCESS. In any action in rem in which process

has been served as provided by this rule, if any part of the property that is the subject of the action has not been brought within

the control of the court because it has been removed or sold, or

because it is intangible property in the hands of a person who has

not been served with process, the court may, on motion, order any

person having possession or control of such property or its proceeds to show cause why it should not be delivered into the custody of the marshal or other person or organization having a warrant for the arrest of the property, or paid into court to abide the

judgment; and, after hearing, the court may enter such judgment

as law and justice may require.

(6) RESPONSIVE PLEADING; INTERROGATORIES.

(a) Statement of Interest; Answer. In an action in rem:

(i) a person who asserts a right of possession or any ownership interest in the property that is the subject of the

action must file a verified statement of right or interest:

(A) within 14 days after the execution of process, or

(B) within the time that the court allows;

(ii) the statement of right or interest must describe the

interest in the property that supports the person’s demand

for its restitution or right to defend the action;

(iii) an agent, bailee, or attorney must state the authority to file a statement of right or interest on behalf of another; and

(iv) a person who asserts a right of possession or any

ownership interest must serve an answer within 21 days

after filing the statement of interest or right.

(b) Interrogatories. Interrogatories may be served with the

complaint in an in rem action without leave of court. Answers

to the interrogatories must be served with the answer to the

complaint.

(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 29, 1985, eff.

Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec.

1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002;

Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr.

23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)