Fed. R. Civ. P. Supp. R. F

(1) T IME FOR FILING COMPLAINT; S ECURITY. Not later than six

months after receipt of a claim in writing, any vessel owner may

file a complaint in the appropriate district court, as provided in

subdivision (9) of this rule, for limitation of liability pursuant to

statute. The owner (a) shall deposit with the court, for the benefit

112 Rule F FEDERAL RULES OF CIVIL PROCEDURE

of claimants, a sum equal to the amount or value of the owner’s

interest in the vessel and pending freight, or approved security

therefor, and in addition such sums, or approved security therefor,

as the court may from time to time fix as necessary to carry out

the provisions of the statutes as amended; or (b) at the owner’s option shall transfer to a trustee to be appointed by the court, for

the benefit of claimants, the owner’s interest in the vessel and

pending freight, together with such sums, or approved security

therefor, as the court may from time to time fix as necessary to

carry out the provisions of the statutes as amended. The plaintiff

shall also give security for costs and, if the plaintiff elects to give

security, for interest at the rate of 6 percent per annum from the

date of the security.

(2) C OMPLAINT. The complaint shall set forth the facts on the

basis of which the right to limit liability is asserted and all facts

necessary to enable the court to determine the amount to which

the owner’s liability shall be limited. The complaint may demand

exoneration from as well as limitation of liability. It shall state

the voyage if any, on which the demands sought to be limited

arose, with the date and place of its termination; the amount of

all demands including all unsatisfied liens or claims of lien, in

contract or in tort or otherwise, arising on that voyage, so far as

known to the plaintiff, and what actions and proceedings, if any,

are pending thereon; whether the vessel was damaged, lost, or

abandoned, and, if so, when and where; the value of the vessel at

the close of the voyage or, in case of wreck, the value of her

wreckage, strippings, or proceeds, if any, and where and in whose

possession they are; and the amount of any pending freight recovered or recoverable. If the plaintiff elects to transfer the plaintiff’s interest in the vessel to a trustee, the complaint must further show any prior paramount liens thereon, and what voyages or

trips, if any, she has made since the voyage or trip on which the

claims sought to be limited arose, and any existing liens arising

upon any such subsequent voyage or trip, with the amounts and

causes thereof, and the names and addresses of the lienors, so far

as known; and whether the vessel sustained any injury upon or by

reason of such subsequent voyage or trip.

(3) CLAIMS AGAINST OWNER; INJUNCTION. Upon compliance by the

owner with the requirements of subdivision (1) of this rule all

claims and proceedings against the owner or the owner’s property

with respect to the matter in question shall cease. On application

of the plaintiff the court 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.

(4) NOTICE TO CLAIMANTS. Upon the owner’s compliance with subdivision (1) of this rule the court shall issue a notice to all persons

asserting claims with respect to which the complaint seeks limitation, admonishing them to file their respective claims with the

clerk of the court and to serve on the attorneys for the plaintiff

a copy thereof on or before a date to be named in the notice. The

date so fixed shall not be less than 30 days after issuance of the

notice. For cause shown, the court may enlarge the time within

which claims may be filed. The notice shall be published in such

newspaper or newspapers as the court may direct once a week for

113 Rule F FEDERAL RULES OF CIVIL PROCEDURE

four successive weeks prior to the date fixed for the filing of

claims. The plaintiff not later than the day of second publication

shall also mail a copy of the notice to every person known to have

made any claim against the vessel or the plaintiff arising out of

the voyage or trip on which the claims sought to be limited arose.

In cases involving death a copy of such notice shall be mailed to

the decedent at the decedent’s last known address, and also to any

person who shall be known to have made any claim on account of

such death.

(5) CLAIMS AND ANSWER. Claims shall be filed and served on or

before the date specified in the notice provided for in subdivision

(4) of this rule. Each claim shall specify the facts upon which the

claimant relies in support of the claim, the items thereof, and the

dates on which the same accrued. If a claimant desires to contest

either the right to exoneration from or the right to limitation of

liability the claimant shall file and serve an answer to the complaint unless the claim has included an answer.

(6) I NFORMATION TO BE GIVEN CLAIMANTS. Within 30 days after

the date specified in the notice for filing claims, or within such

time as the court thereafter may allow, the plaintiff shall mail to

the attorney for each claimant (or if the claimant has no attorney

to the claimant) a list setting forth (a) the name of each claimant,

(b) the name and address of the claimant’s attorney (if the claimant is known to have one), (c) the nature of the claim, i.e., whether property loss, property damage, death, personal injury etc., and

(d) the amount thereof.

(7) I NSUFFICIENCY OF FUND OR SECURITY. Any claimant may by

motion demand that the funds deposited in court or the security

given by the plaintiff be increased on the ground that they are

less than the value of the plaintiff’s interest in the vessel and

pending freight. Thereupon the court shall cause due appraisement to be made of the value of the plaintiff’s interest in the vessel and pending freight; and if the court finds that the deposit or

security is either insufficient or excessive it shall order its increase or reduction. In like manner any claimant may demand

that the deposit or security be increased on the ground that it is

insufficient to carry out the provisions of the statutes relating to

claims in respect of loss of life or bodily injury; and, after notice

and hearing, the court may similarly order that the deposit or security be increased or reduced.

(8) OBJECTIONS TO CLAIMS: DISTRIBUTION OF FUND. Any interested

party may question or controvert any claim without filing an objection thereto. Upon determination of liability the fund deposited or secured, or the proceeds of the vessel and pending freight,

shall be divided pro rata, subject to all relevant provisions of law,

among the several claimants in proportion to the amounts of their

respective claims, duly proved, saving, however, to all parties any

priority to which they may be legally entitled.

(9) V ENUE; T RANSFER. The complaint shall be filed in any district in which the vessel has been attached or arrested to answer

for any claim with respect to which the plaintiff seeks to limit liability; or, if the vessel has not been attached or arrested, then in

any district in which the owner has been sued with respect to any

such claim. When the vessel has not been attached or arrested to

answer the matters aforesaid, and suit has not been commenced

114 Rule G FEDERAL RULES OF CIVIL PROCEDURE

against the owner, the proceedings may be had in the district in

which the vessel may be, but if the vessel is not within any district and no suit has been commenced in any district, then the

complaint may be filed in any district. For the convenience of

parties and witnesses, in the interest of justice, the court may

transfer the action to any district; if venue is wrongly laid the

court shall dismiss or, if it be in the interest of justice, transfer

the action to any district in which it could have been brought. If

the vessel shall have been sold, the proceeds shall represent the

vessel for the purposes of these rules.

(As added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 2, 1987, eff.

Aug. 1, 1987.)