US · rules
S.D.N.Y. Local Admiralty Rule E.2
Intervenors’ Claims
(a) Presentation of Claim. 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, and not by filing an original
complaint, unless ordered otherwise by a judicial officer. Upon the satisfaction of
the requirements of Fed. R. Civ. P. 24, the clerk must promptly deliver a
conformed copy of the complaint to the marshal, who must deliver the copy to the
vessel or custodian of the property. Intervenors will thereafter be subject to the
rights and obligations of parties, and the vessel or property will stand arrested,
attached, or garnished by the intervenor.
(b) Sharing Marshal’s Fees and Expenses. An intervenor has a responsibility to the
first plaintiff, enforceable on motion, consisting of the intervenor's share of the
marshal’s fees and expenses in the proportion that the intervenor's claim bears to
the sum of all the claims. If a party plaintiff permits vacation of an arrest,
attachment, or garnishment, remaining plaintiffs share the responsibility to the
marshal for the fees and expenses in proportion to the remaining claims and for
the duration of the marshal’s custody because of each claim.
[Source: Maritime Law Association Model Rule (e)(11)]
Provenance
- Source
- www.nysd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
743c34b20255a09bfce61522912d12851b4829b4c23055fcce3865d96bb204a7
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