US · rules
E.D. La. LAR 4.1
Process
(A) In addition to the requirements set forth in Admiralty Rule B, the clerks of court must
not issue a summons and process of attachment and garnishment until (1) the verified
complaint and affidavit filed pursuant to Admiralty Rule B are reviewed by the court; (2)
the court determines if the conditions set forth in Rule B appear to exist, and enters an
order so stating and authorizing process of attachment and garnishment. Supplemental
process enforcing the court’s order may be issued by the clerk upon application without
further order of the court. If the plaintiff or his or her attorney certifies that exigent
circumstances make review by the court impracticable, the clerk must issue a summons
and process of attachment and garnishment and the plaintiff has the burden on a post-attachment hearing under LAR4.1(C) to show that exigent circumstances existed.
(B) In actions in rem pursuant to Admiralty Rule C, the verified complaint and supporting
affidavit filed in connection therewith must be reviewed by the court and no warrant for
the arrest of a vessel may issue, unless the court determines that the conditions for an
action in rem appear to exist, and enters an order so stating and authorizing a warrant.
Supplemental process enforcing the court’s order may be issued by the clerk upon
application without further order of the court. If the plaintiff or his or her attorney
certifies that exigent circumstances make review by the court impracticable, the clerk
must issue a summons and warrant for the arrest and the plaintiff has the burden on a
post-arrest hearing under LAR 4.1(C) to show that exigent circumstances existed.
(C) When property is arrested or attached pursuant to Supplemental Rule B or C, any person
claiming an interest in it is entitled to a prompt hearing at which the plaintiff must show
why the arrest or attachment should not be vacated or other relief granted consistent with
these rules. This rule does not apply to suits for seamen’s wages when process is issued
upon a certification of sufficient cause signed pursuant to 46 U.S.C. 603 and 604.
(D) If the judge to whom the particular case is allotted is not immediately available, matters
referred to in this LAR 4.1 may be presented to any other judge without the necessity of
reallotment of the case.
History
[Amended February 1, 2011]
Provenance
- Source
- www.laed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
d53ce5af5fdc51a60fad3f44026bd5b73f2eb333d7127645e2e82cb59e4ea047
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