E.D. La. LR 83.5.1

Unless all affected parties consent to the transfer, an order that transfers a case to a district court

outside the Fifth Circuit is stayed for 21 days from the date the order is entered on the docket.

This rule does not apply to transfer orders of the United States Judicial Panel on Multidistrict

Litigation.

LAR 4.1 Process

LAR 4.2 Summons to Show Cause Why Funds Should Not Be Paid to Court

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.

LAR 4.2 Summons to Show Cause Why Funds Should Not Be Paid to Court

A summons issued pursuant to Admiralty Rule C(3) dealing with freight or the proceeds of

property sold, or intangible property must direct the person having control of the funds to show

cause why the funds should not be paid into court to comply with the judgment in accordance

with the procedure described in the Civil Rules to notice motions for submission.

LAR 64.1 Publication and Time to Claim and Answer Where Publication Necessary and Under

Supplemental Rule C(4)

LAR 64.2 Release of Vessel or Property Under Admiralty

LAR 64.3 Movement of Vessels Under Seizure

LAR 64.4 Consent Guardian

LAR 64.5 Notices

LAR 64.6 Sales

LAR 64.7 Night Vessel Seizures

LAR 64.1 Publication and Time to Claim and Answer Where Publication Necessary and

Under Supplemental Rule C(4)

In all cases where publication is necessary under Admiralty Rule C(4), the time for filing a right

of possession or any ownership interest in the property that is the subject of the action is hereby

extended for a period of 21 days from the date of the publication.

The published notice must contain the title and the number of the suit, the date of the arrest and

identity of the property arrested, the name of the marshal, and the name and address of the

attorney for the plaintiff. It must also state that parties must file their right of possession or any

ownership interest in the property that is the subject of the action pursuant to Rule C(6) with the

clerk and serve the attorney for plaintiff within 21 days after the date of first publication, or

within such other time as may be allowed by the court, and must serve their answers within 21

days after the filing of their right of possession or any ownership interest in the property that is

the subject of the action; that, if they do not, default may be entered and condemnation ordered;

and that application for intervention under FRCP 24, by persons asserting right of possession or

any ownership interest in the property that is the subject of the action or other interests may be

untimely if not filed within the time allowed for asserting right of possession or any ownership

interest in the property that is the subject of the action.

LAR 64.2 Release of Vessel or Property Under Admiralty

The marshal is authorized to release a vessel or property if the party at whose instance the vessel

or property is detained or his or her attorney, expressly authorizes the marshal in writing to

release the vessel or property, and agrees in writing to hold the marshal and his deputies forever

harmless from any and all liability as a result of the release of the vessel or other property

pursuant to such authorization. At the same time the party or his or her attorney must certify that

all costs and charges of the court and its officers have either been paid or that none are due.

LAR 64.3 Movement of Vessels Under Seizure

Without a separate order in each individual case, the marshal is authorized to move the vessels

under seizure by him within the district in such a manner and at such times as he, acting as a

prudent administrator, finds to be necessary to their proper safeguarding and preservation while

under seizure. Further, and without an order of court, he is authorized to permit the moving of

vessels anywhere within the area of the district when the party at whose instance the vessel is

detained and its owner, or the owner’s attorney, expressly authorizes in writing such a movement

and agrees in writing to hold the marshal and all his deputies harmless from any and all liability

as a result of any such move.

LAR 64.4 Consent Guardian

The marshal is authorized, without special order of court, to appoint the master of the vessel or

another competent person as keeper or custodian of any vessel under seizure with their consent,

provided that all parties to the action or their attorneys shall have expressly consented in writing

to the appointment and shall have agreed in writing to hold the marshal and all of his deputies

harmless from any and all liability as a result of the appointment.

LAR 64.5 Notices

Unless otherwise ordered by the court, or otherwise provided by law, all notices required to be

published by statute, rule, or order of court must be published in the Times-Picayune New

Orleans Advocate.

LAR 64.6 Sales

(A) Notice. Unless otherwise ordered by the court or otherwise provided by law, notices of

sale of arrested or attached vessels or property must be published on three different days,

the first of which must be published at least 14 days and the last at least three days before

the day of the sale.

(B) Confirmation. In all public auction sales of admiralty by the marshal of this court, the

marshal must require the last and highest bidder to whom the property is adjudicated to

deposit a minimum of $500.00 or 10% of the bid, whichever is greater, in cash or

certified check, or cashier’s check on a local bank. In the event that the last and highest

bid should be for an amount not in excess of $500.00, its full amount must be paid at the

time of adjudication. The balance, if any, of the purchase price must be paid in cash or by

certified or cashier’s check on a local bank on or before confirmation of the sale by the

court and within 14 days of the adjudication or dismissal of any opposition which may

have been filed.

At the conclusion of the auction, the marshal must immediately report to the court the

fact of the sale, the price brought, and the name of the buyer, and the clerk must endorse

upon such report the time and date of filing. If within three business days no written

objection is filed, the sale is confirmed, provided that no sale is confirmed until the buyer

has performed the terms of his purchase. In the event no opposition to the sale shall have

been made, the cost of keeping the property pending confirmation must be paid out of the

proceeds of the sale; except that if the confirmation is delayed by the purchaser’s failure

to pay any balance which is due on the price, the cost of keeping the property must be

borne by the purchaser after the three day period has lapsed. In the event an opposition to

the sale is filed, the opponent must deposit with the marshal, in advance, costs of keeping

the property pending the court’s determination of the opposition; in default of his or her

making the advance, his or her opposition fails without affirmative action by the court. If

the opposition fails, the cost of keeping the property during its pendency is borne by the

opponent.

At the auction, the marshal must take, record, and report the cost, the name and address

of the second highest bidder, and the amount of that second highest bid. In the event that

the highest bidder fails to meet his or her financial obligation pertaining to his or her bid,

the court may, with the approval of the party or parties at whose instance the sale has

been ordered, and of the second highest bidder, confirm the sale to the second highest

bidder.

LAR 64.7 Night Vessel Seizure

For the safety of deputy United States Marshals, in the normal course of events, the United States

Marshal’s Service will not seize vessels that require a bar pilot for their movement in the

Mississippi River after dark; provided, however, that the United States Marshal’s Service

receives from the appropriate pilots’ association, after notification to the association that a

warrant of attachment has been issued and is in the hands of the Marshal, written

acknowledgment that the pilots’ association will hold the vessel in the port or at anchorage and

not permit movement of the vessel until the United States Marshal’s service can seize the vessel

the following morning.

In any case in which the seizing party can show exigent circumstances requiring an immediate

seizure, before the time the United States Marshal’s Service would seize the vessel under this

Rule, any judge of this court may order the United States Marshal’s Service to execute the

warrant and seize a vessel at any time of the day or night.

LAR 65.1 Sureties

In all cases where the surety on a bond or stipulation for the release of a vessel or other property

under seizure is not a corporate surety holding a certificate of authority from the Secretary of the

Treasury, and the bond or stipulation is not approved as to amount and nature by the party at

whose instance the vessel or other property is detained, or by his or her attorney, the vessel or

property must not be released without an order of a judge approving the surety, or in the absence

of a judge, the clerk, after reasonable notice and opportunity to be heard.

Such approval must not limit the right of a party to move, under Rule E(6) of the Supplemental

Rules, FRCP, to reduce the amount of surety given or to require new or additional sureties.

APPENDIX

NOTICE REGARDING COMPLAINTS OF

JUDICIAL MISCONDUCT OR DISABILITY

To improve the administration of justice in the federal courts, Congress passed the Judicial

Conduct and Disability Act, codified at 28 U.S.C. § 351-364. The law authorizes complaints

against United States Circuit, District, Bankruptcy, and Magistrate Judges who have “engaged in

conduct prejudicial to the effective and expeditious administration of the business of the courts”

or who are “unable to discharge all the duties of office by reason of mental or physical

disability.” The conduct to which the law is addressed does not include making wrong judicial

decisions, for the law provides that a complaint may be dismissed if it is “directly related to the

merits of a decision or procedural ruling.”

The Judicial Council of the Fifth Circuit has adopted Rules For Judicial-Conduct and Judicial-Disability Proceedings. These rules apply to judges of the United States Court of Appeals for the

Fifth Circuit and to the district, bankruptcy, and magistrate judges of federal courts within the

Fifth Circuit. The Fifth Circuit includes the states of Texas, Louisiana, and Mississippi.

These Rules may be obtained from, and written complaints filed at, the following office:

Clerk

United States Court of Appeals

for the Fifth Circuit

600 S. Maestri

New Orleans, LA 70130