D. Md. LAR(e)(10)

a) Intervention Before Sale

When a vessel or other property has been arrested, attached, or garnished, and is in the

hands of the Marshal or custodian substituted therefore, anyone having a claim against the

vessel or property is required to present the claim by filing an intervening complaint under

Fed. R. Civ. P. 24, and not by filing an original complaint, unless otherwise ordered by a

judicial officer. An order permitting intervention may be signed ex parte at the time of filing

the motion, subject to the right of any party to object to such intervention within fourteen

(14) days after receipt of a copy of the motion and proposed pleading. Such motions shall

not be subject to the provisions of L.R. 105. Upon the signing of an order permitting

intervention, the Clerk shall forthwith deliver a conformed copy of the intervening

Provisions Provisions

Expenses

complaint to the Marshal, who shall deliver the copy to the vessel or custodian of the

property. Intervenors shall thereafter be subject to the rights and obligations of parties, and

the vessel or property shall stand arrested, attached, or garnished by the intervenor. An

intervenor shall not be required to advance a security deposit to the Marshal for seizure of a

vessel as required by LAR(e)(9). Property arrested, attached, or garnished by an intervenor

shall be released in accordance with Supplemental Rule E(5).

b) Sharing Marshal’s Fees and Expenses Before Sale

Upon motion by any party, security deposits may be ordered to be paid or shared by any

party who has arrested, attached, or garnished a vessel or property aboard a vessel in amount

or proportions to be determined by a judicial officer.

c) Intervention After Sale

After ratification of sale and payment of the purchase price, any person having a claim

against the vessel or property that arose before ratification must present the same by

intervening complaint, pursuant to LAR(e)(10)(a), against the proceeds of the sale and may

not proceed against the vessel unless a judicial officer shall otherwise order for good cause

shown. Where an intervening complaint prays service of process in rem, the filing of such

intervening complaint with the Clerk shall be deemed to be a claim against such proceeds

without the issuance of an in rem process, unless a judicial officer shall otherwise order for

good cause shown. The judicial officer shall allow a period of at least thirty (30) days after

due ratification of the sale for the submission of such claims.