D.N.J. LAMR (e)

LAMR (e)(1) Itemized Demand for Judgment. The demand for judgment in every complaint filed under

Supplemental Rule B or C shall allege the dollar amount of the debt or damages for which the action was

commenced. The demand for judgment shall also allege the nature of other items of damage.

LAMR (e)(2) Salvage Action Complaints. In an action for a salvage award, the complaint shall allege the dollar

value of the vessel, cargo, freight, and other property salved, and the dollar amount of the award claimed.

LAMR (e)(3) Verification of Pleadings. Every complaint in Supplemental Rule B, C, and D actions shall be

verified upon oath or solemn affirmation or in the form provided by 28 U.S.C. § 1746, by a party or by an

authorized officer of a corporate party. If no party or authorized corporate officer is readily available,

verification of a complaint may be made by an agent, attorney in fact, or attorney of record, who shall state the

sources of the knowledge, information and belief contained in the complaint; declare that the document verified

is true to the best of that knowledge, information, and belief; state why verification is not made by the party or

an authorized corporate officer; and state that the affiant is authorized so to verify. A verification not made by a

party or authorized corporate officer will be deemed to have been made by the party as if verified personally. If

the verification was not made by a party or authorized corporate officer, any interested party may move, with or

without requesting a stay, for the personal oath of a party or an authorized corporate officer, which shall be

procured by commission or as otherwise ordered.

LAMR (e)(4) Review by Judicial Officer. Unless otherwise required by the judicial officer, the review of

complaints and papers called for by Supplemental Rules B(1) and C(3) does not require the affiant party or

attorney to be present. Any complaint presented to a judicial officer for review shall be accompanied by a form

of order to the Clerk which, upon signature by the judicial officer, shall direct the arrest, attachment, or

garnishment sought by the applicant.

LAMR (e)(5) Instructions to the Marshal. The party who requests a warrant of arrest or process of attachment or

garnishment shall provide instructions to the Marshal.

LAMR (e)(6) Property in Possession of United States Officer. When the property to be attached or arrested is in

the custody of an employee or officer of the United States, the Marshal will deliver a copy of the complaint and

warrant of arrest or summons and process of attachment or garnishment to that officer or employee if present,

and otherwise to the custodian of the property. The Marshal will instruct the officer or employee or custodian to

retain custody of the property until ordered to do otherwise by a judicial officer.

LAMR (e)(7) Security for Costs. In an action under the Supplemental Rules, a party may move upon notice to

all parties for an order to compel an adverse party to post security for costs with the Clerk pursuant to

Supplemental Rule E(2)(b). Unless otherwise ordered, the amount of security shall be $500. The party so

notified shall post the security within seven days after the order is entered. A party who fails to post security

when due may not participate further in the proceedings. A party may move for an order increasing the amount

of security for costs.

LAMR (e)(8) Adversary Hearing. An adversary hearing following arrest or attachment or garnishment under

Supplemental Rule E(4)(f) shall be conducted by the Court within seven days after a request for such hearing,

unless otherwise ordered.

LAMR (e)(9) Security Deposit for Seizure of Vessels. The party(ies) who seek(s) arrest or attachment of a

vessel or property aboard a vessel shall deposit with the Marshal $4000 for vessels more than 65 feet in length

overall or $500 for vessels 65 feet in length overall or less. For the arrest or attachment of intangible property,

there shall be deposited with the Marshal $500. A check drawn upon the attorney's account of a member of the

bar of this Court, or of a law firm having members who are admitted to the bar of this Court, shall be accepted

by the Marshal as payment. These deposits shall be used to cover the expenses of the Marshal including, but not

limited to, dockage, keepers, maintenance, and insurance. The party(ies) shall advance additional sums from

time to time as requested by the Marshal to cover the estimated expenses until the property is released or

disposed of as provided in Supplemental Rule E.

LAMR (e)(10) Intervenor's Claims and Sharing of Marshal's Fees and Expenses.

(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 therefor, 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 21 days after receipt of a copy of the motion and proposed pleading. Upon signing of an

order permitting intervention the Clerk shall forthwith deliver a conformed copy of the intervening 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 LAMR (e)(9). Release of property arrested, attached, or garnished by an

intervenor shall be done in accordance with Supplemental Rule E.

(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 amounts 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 LAMR (e)(10)(a), against the proceeds of the sale and may not proceed against the

vessel unless the Court 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 in rem process, unless the Court shall otherwise order for good

cause shown. The Court shall allow a period of at least 30 days after due ratification of the sale for the

submission of such claims.

LAMR (e)(11) Custody of Property.

(a) Safekeeping of Property. When a vessel or other property is brought into the Marshal's custody by arrest

or attachment, the Marshal shall arrange for adequate safekeeping, which may include the placing of keepers on

or near the vessel. A substitute custodian in place of the Marshal may be appointed by order of the Court.

(b) Employment of Vessel's Officers and Crew by Marshal. All officers and members of the crew employed

on a vessel of 750 gross tons or more shall be deemed employees of the Marshal for the period of 120 hours

after the attachment or arrest of the vessel unless the Marshal, pursuant to a court order, has notified the officers

and members of the crew that they are not so employed or unless the vessel is released from attachment or

arrest. If the vessel is not released within 120 hours, the Marshal shall, on request of the seizing party,

immediately thereafter designate which, if any, officers and members of the crew he or she is continuing to

employ to preserve the vessel and shall promptly notify the remaining officers and members of the crew that

they are no longer in his or her employ and are no longer in the service of the vessel and are free to depart from

the vessel. The notice required by the preceding sentence shall be by written notice posted in a prominent place

in each of the mess rooms or dining salons used by the officers and unlicensed personnel aboard the vessel.

(c) Normal Vessel Operations and Movement of the Vessel. Following arrest, attachment, or garnishment of

a vessel or property aboard a vessel, normal vessel operations shall be permitted to commence or continue

unless otherwise ordered by the Court. No movement of the vessel shall take place unless authorized by order

of a judicial officer.

(d) Procedure for Filing Claims by Suppliers for Payment of Charges. A person who furnishes supplies or

services to a vessel, cargo, or other property in custody of the Court who has not been paid and claims the right

to payment as an expense of administration shall submit an invoice to the Clerk in the form of a verified claim

within the time period set by the Court for intervention after sale pursuant to LAMR (e)(10)(c). The supplier

must serve copies of the claim on the Marshal, substitute custodian if one has been appointed, and all parties of

record. The Court may consider the claims individually or schedule a single hearing for all claims.

LAMR (e)(12) Sale of Property.

(a) Notice. Notice of sale of property in an action in rem shall be published under such terms and conditions as

set by the Court.

(b) Payment of Bid. These provisions apply unless otherwise ordered in the order of sale: The person whose bid

is accepted shall immediately pay the Marshal the full purchase price if the bid is $1000 or less. If the bid

exceeds $1000, the bidder shall immediately pay a deposit of at least $1000 or 10% of the bid, whichever is

greater, and shall pay the balance within seven days after the day on which the bid was accepted. If an

objection to the sale is filed within that seven-day period, the bidder is excused from paying the balance of

the purchase price until seven days after the sale is confirmed. Payment shall be made in cash, by certified

check or by cashier's check.

(c) Default. If the successful bidder does not pay the balance of the purchase price within the time allowed, the

bidder is deemed to be in default. In such a case, the judicial officer may accept the second highest bid or

arrange a new sale. The defaulting bidder's deposit shall be forfeited and applied to any additional costs

incurred by the Marshal because of the default, the balance being retained in the Registry of the Court

awaiting its order.

(d) Report of Sale by Marshal. At the conclusion of the sale, the Marshal shall forthwith file a written report

with the Court of the fact of sale, the date, the price obtained, the name and address of the successful bidder,

and any other pertinent information.

(e) Time and Procedure for Objection to Sale. An interested person may object to the sale by filing a written

objection with the Clerk within seven days following the sale, serving the objection on all parties of record,

the successful bidder, and the Marshal, and depositing such sum with the Marshal as determined by him or

her to be sufficient to pay the expense of keeping the property for at least seven days. Payment to the

Marshal shall be in cash, certified check or cashier's check.

(f) Confirmation of Sale. A sale shall be confirmed by order of the Court within seven days, but no sooner than

three days, after the sale. If an objection to the sale has been filed, the Court shall hold a hearing on the

confirmation of the sale. The Marshal shall transfer title to the purchaser upon the order of the Court.

(g) Disposition of Deposits.

(1) Objection Sustained. If an objection is sustained, sums deposited by the successful bidder will be

returned to the bidder forthwith. The sum deposited by the objector will be applied to pay the fees and expenses

incurred by the Marshal in keeping the property until it is resold, and any balance remaining shall be returned to

the objector. The objector will be reimbursed for the expense of keeping the property from the proceeds of a

subsequent sale.

(2) Objection Overruled. If the objection is overruled, the sum deposited by the objector will be applied to

pay the expense of keeping the property from the day the objection was filed until the day the sale is confirmed,

and any balance remaining will be returned to the objector forthwith.

LAMR (e)(13) Discharge of Stipulations for Value and Other Security. When an order is entered in any cause

marking the case dismissed or settled, the entry shall operate as a cancellation of all stipulations for value or

other security provided to release the property seized that were filed in the case, unless otherwise provided in

the order or by the Court.