LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA
                      LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA   
 
UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA 
 
CHAPTER II 
RULES FOR ADMIRALTY AND MARITIME CLAIMS 
AND ASSET FORFEITURE ACTIONS 
 
TABLE OF CONTENTS 
(The reference in parentheses following the local rule number is the corresponding 
Rule or Supplemental Rule of the Federal Rules of Civil Procedure.) 
RULE A (RA-A) - SCOPE AND DEFINITIONS ................................................. 1 
A.1 (RA-A.1) SCOPE......................................................................................1  
A.2 (RA-A.2) OFFICERS OF THE COURT .................................................. 1 
A.3 (83, RA-A.1) CITATION .........................................................................1  
RULE B (RB-B) - ATTACHMENT AND GARNISHMENT ............................. 1 
B.1 (83, RB-B.1) IDENTIFICATION OF STATE LAW INVOKED ........... 1 
B.2 (RB-B.1) AFFIDAVIT THAT DEFENDANT IS NOT FOUND 
WITHIN THE DISTRICT ....................................................................2  
RULE C (RC-C) - ACTIONS IN REM:  SPECIAL PROVISIONS ................... 2 
C.1 (RC-C.1) UNDERTAKINGS IN LIEU OF ARREST ............................. 2 
C.2 (RC-C.2) INTANGIBLE PROPERTY ..................................................... 2 
C.3 (RC-C.3) NOTICE OF ACTION AND ARREST ................................... 3 
C.4 (RC-C.4) DEFAULT IN ACTION IN REM ............................................ 4 
C.5 (RC-C.5) ENTRY OF DEFAULT AND DEFAULT JUDGMENT ........ 5 
C.6 (RC-C.3) APPLICATION FOR ORDER AUTHORIZING    
ISSUANCE OF WARRANT FOR ARREST OF VESSEL OR 
OTHER PROPERTY ............................................................................5  
RULE D (RD-D) - POSSESSORY, PETITORY AND PARTITION  
ACTIONS .......................................................................................................6  
D.1 (RD-D.1) RETURN DATE ......................................................................6  
RULE E (RE-E) - ACTIONS IN REM AND QUASI IN REM:         
GENERAL PROVISIONS ............................................................................6  
E.1 (RE-E.1) ITEMIZED DEMAND FOR JUDGMENT .............................. 6 
E.2 (83, RE-E.1) ITEMIZED DEMAND FOR SALVAGE AWARD ........... 6 
E.3 (RE-E.2) VERIFICATION AND PLEADINGS ...................................... 6 
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E.4 (83-RE.3) REVIEW BY JUDICIAL OFFICER ....................................... 7 
E.5 (83-E.3) PROCESS HELD IN ABEYANCE ........................................... 8 
E.6 (83-C.3) SERVICE BY MARSHAL REQUIRED ................................... 8 
E.7 (83) INSTRUCTIONS TO THE MARSHAL .......................................... 8 
E.8 (83) PROPERTY IN POSSESSION OF UNITED STATES     
OFFICER ...............................................................................................8  
E.9 (83-E.2) SECURITY FOR COSTS .......................................................... 9 
E.10 (83-E.4) ADVERSARY HEARING ....................................................... 9 
E.11 (83) APPRAISAL ...................................................................................9  
E.12 (83) SECURITY DEPOSIT FOR ARREST OR ATTACHMENT     
OF VESSELS ........................................................................................9  
E.13 (83) INTERVENOR’S CLAIMS ..........................................................10 
E.14 (83) CUSTODY OF PROPERTY .........................................................11 
E.15 (83-E.9) SALE OF PROPERTY ...........................................................12 
RULE F (RF-F) - LIMITATION OF LIABILITY .............................................15 
F.1 (83-F.1) SECURITY FOR COSTS .........................................................15 
F.2 (83) ORDER OF PROOF AT TRIAL .....................................................15 
RULE G (83, RG-G) – MISCELLANEOUS .......................................................15 
G.1 (83) DESERTING SEAMEN CASES ...................................................15 
G.2 (83) RATE OF PREJUDGMENT INTEREST ALLOWED .................15 
G.3 (83) ASSIGNMENT OF ACTIONS ......................................................16 
 
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 LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA   
 
CHAPTER II 
RULES FOR ADMIRALTY AND MARITIME CLAIMS 
AND ASSET FORFEITURE ACTIONS 
 The reference in parentheses following the local rule number is the 
corresponding Rule or Supplemental Rule of the Federal Rules of Civil Procedure. 
 
RULE A (RA-A) - SCOPE AND DEFINITIONS 
 
A.1 (RA-A.1) SCOPE 
 
 These local rules may be referred to as “local admiralty rules.”  They apply 
only to civil actions that are governed by Supplemental Rule A of the 
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture 
Actions (Supplemental Rule or Rules). All other local rules are applicable in these 
cases, but to the extent that another local rule is inconsistent with the applicable 
local admiralty rules, the local admiralty rules shall govern. 
 
A.2 (RA-A.2) OFFICERS OF THE COURT 
 
 As used in the local admiralty rules, “Judicial Officer” means a United 
States District Judge or a United States Magistrate Judge, “Clerk of the Court” 
means the Clerk of the District Court and includes deputy clerks of court; and 
“Marshal” means the United States Marshal and includes deputy marshals. 
 
A.3 (83, RA-A.1) CITATION 
 
 The local admiralty rules may be cited by the letters “LAR” and the capital 
letter and numbers in parentheses that appear at the beginning of each section.  The 
capital letter is intended to associate the local admiralty rule with the Supplemental 
Rule that bears the same capital letter. 
 
RULE B (RB-B) - ATTACHMENT AND GARNISHMENT 
 
B.1 (83, RB-B.1) IDENTIFICATION OF STATE LAW INVOKED 
  
 When the plaintiff invokes a state procedure in order to attach or garnish as 
permitted by the Rules or the Supplemental Rules, the process of attachment or 
garnishment shall identify the state law upon which the attachment or garnishment 
is based. 
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B.2 (RB-B.1) AFFIDAVIT THAT DEFENDANT IS NOT FOUND 
WITHIN THE DISTRICT  
 
 The affidavit required by Supplemental Rule B(1) to accompany the 
complaint shall list the efforts made by and on behalf of plaintiff to find and serve 
the defendant within the district. The phrase “not found within the district” in 
Supplemental Rule B(1) means that, in an in personam action, the defendant 
cannot be served with the summons and complaint as provided in F.R.Civ.P. 
4(e)(2) or 4(h)(1). 
 
RULE C (RC-C) - ACTIONS IN REM:  SPECIAL PROVISIONS 
 
C.1 (RC-C.1) UNDERTAKINGS IN LIEU OF ARREST 
 
 If, before or after commencement of suit, plaintiff accepts any written 
undertaking to respond on behalf of the vessel or other property sued in return for 
foregoing the arrest or stipulating to the release of such vessel or other property, 
the undertaking shall become a defendant in place of the vessel or other property 
sued and be deemed referenced as the name of the vessel or other property in any 
pleading, order or judgment in the action referenced in the undertaking. The 
preceding shall apply to any such undertaking, subject to its own terms and 
whether or not it complies with Rule 65-2 et seq. of Chapter I of these Rules, or 
has been approved by a Judge or Clerk. 
 
C.2 (RC-C.2) INTANGIBLE PROPERTY 
 
 The summons issued pursuant to Supplemental Rule C(3)(c) shall direct the 
person having control of intangible property to show cause no later than fourteen  
(14) days after service why the intangible property should not be delivered to the 
Court to abide the judgment. A judicial officer for good cause shown may lengthen 
or shorten the time. Service of the summons has the effect of an arrest of the 
intangible property and brings it within the control of the Court. Service of the 
summons to show cause requires a garnishee wishing to retain possession of the 
property to establish grounds for doing so, including specification of the measures 
taken to segregate and safeguard the intangible property arrested.  The person who 
is served may deliver or pay over to the Marshal the intangible property proceeded 
against to the extent sufficient to satisfy the plaintiff’s claim. If such delivery or 
payment is made, the person served is excused from the duty to show cause.  A 
person who asserts a right of possession or ownership of the property may show 
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cause as provided in Supplemental Rule C(6)(a) why the property should not be 
delivered to the Court. 
 
C.3 (RC-C.3) NOTICE OF ACTION AND ARREST 
 
(a) Publication.  
 
 The notice required by Supplemental Rule C(4) shall be published once and 
plaintiff’s attorney shall file a copy of the notice as it was published with the Clerk. 
The notice shall contain: 
 
(i) The Court, title, and number of the action; 
 
(ii) The date of the arrest; 
 
(iii) The identity of the property arrested; 
 
(iv) The name, address and telephone number of the attorney 
for plaintiff; 
 
(v) A statement that the claim of a person who is entitled to 
possession or who claims an interest pursuant to 
Supplemental Rule C(6)(a) must be filed with the Clerk 
and served on the attorney for plaintiff within fourteen 
(14) days after publication; 
 
(vi) A statement that an answer to the complaint must be filed 
and served within thirty (30) days after publication, and 
that otherwise, default may be entered and condemnation 
ordered; 
 
(vii) A statement that applications for intervention under 
Federal Rule 24 by persons claiming maritime liens or 
other interests shall be filed within the time fixed by the 
Court; and, 
 
(viii) The name, address and telephone number of the Marshal. 
 
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(b) Filing of Proof of Publication.  
 
 Plaintiff shall cause to be filed with the Clerk not later than thirty (30) days 
after the date of publication sworn proof of publication by or on behalf of the 
publisher of the newspaper in which notice was published, together with a copy of 
the publication or reproduction thereof. 
 
C.4 (RC-C.4) DEFAULT IN ACTION IN REM 
 
(a) Notice Required.  
 
 A party seeking a default judgment in an action in rem must show that due 
notice of the action and arrest of the property has been given:  
 
(1) by publication as required in Local Admiralty Rule C.3; 
 
(2) by service upon the master or other person having 
custody of the property; and  
 
(3) by first-class mail to every other person who has not 
appeared in the action and is known to have an interest in 
the property. 
 
(b) Persons with Recorded Interest.  
 
(1) If the defendant property is a vessel documented under 
the laws of the United States, plaintiff must attempt to 
notify by first-class mail all persons named in the United 
States Coast Guard certificate of ownership.  
 
(2) If the defendant property is a vessel numbered as 
provided in the Federal Boat Safety Act, plaintiff must 
attempt to notify by first-class mail the persons named in 
the records of the issuing authority.  
 
(3) If the defendant property is of such character that there 
exists a governmental registry of recorded property 
interests or security interests in the property, the plaintiff 
must attempt to notify by first-class mail all persons 
named in the records of each such registry. 
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(c) Failure to Give Notice.  
 
 Failure to give notice as provided by this Rule shall be grounds for setting 
aside the default under applicable rules but shall not affect title to property sold 
pursuant to order of sale or judgment. 
 
C.5 (RC-C.5) ENTRY OF DEFAULT AND DEFAULT JUDGMENT 
 
 After the time for filing an answer has expired, the plaintiff may apply for 
entry of default under F.R.Civ.P. 55(a).  Default will be entered upon showing that: 
 
(a) Notice has been given as required by Local Admiralty Rule 
C.4(a); and 
 
(b) Notice has been attempted as required by Local Admiralty Rule 
C.4(b), where appropriate; and  
 
(c) The time for answer has expired; and  
 
(d) No one has appeared to claim the property.  Judgment may be 
entered under F.R.Civ.P. 55(b) at any time after default has 
been entered. 
 
C.6 (RC-C.3) APPLICATION FOR ORDER AUTHORIZING ISSUANCE 
OF WARRANT FOR ARREST OF VESSEL OR OTHER PROPERTY 1 
 
 Any application for an order authorizing issuance of a warrant for the arrest 
of a vessel or other property under the Supplemental Rules for Admiralty and 
Maritime Claims must include, if known, the name, address, telephone number, 
and email address of both the owner of the vessel or other property at issue and the 
owner’s counsel. 
                                           
1 L.A.R. C.6, new, effective 12/1/2018. 
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RULE D (RD-D) - POSSESSORY, PETITORY AND PARTITION  
ACTIONS 
 
D.1 (RD-D.1) RETURN DATE 
 
 In an action under Supplemental Rule D, a judicial officer may order that the 
claim and answer be filed on a date earlier than twenty-one (21) days after arrest. 
The order may also set a date for expedited hearing of the action. 
 
RULE E (RE-E) - ACTIONS IN REM AND QUASI IN REM: 
GENERAL PROVISIONS 
 
E.1 (RE-E.1) ITEMIZED DEMAND FOR JUDGMENT 
 
 The demand for judgment in every complaint filed under Supplemental Rule 
B or C except a demand for a salvage award 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. The amount of the special 
bond posted under Supplemental Rule E(5)(a) may be based upon these 
allegations. 
 
E.2 (83, RE-E.1) ITEMIZED DEMAND FOR SALVAGE AWARD 
 
 In an action for a salvage reward, the complaint shall allege the dollar value 
of the vessel, cargo, freight, and other property salved, and the dollar amount of the 
reward claimed. 
 
E.3 (RE-E.2) VERIFICATION AND 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 present within the district, 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 
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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. 
 
E.4 (83-RE.3) REVIEW BY JUDICIAL OFFICER 
 
(a) Authorization to Issue Process.  
 
 Before the Clerk will issue a summons and process of arrest, attachment or 
garnishment to any party, including intervenors, under Supplemental Rules B and 
C, the pleadings, the affidavit required by Rule B, and accompanying supporting 
documents must be reviewed by a judicial officer. If the judicial officer finds the 
conditions set forth in Rules B or C appear to exist, as appropriate, the judicial 
officer shall authorize the Clerk to issue process.  Supplemental process or alias 
process may thereafter be issued by the Clerk upon application without further 
order of the Court. 
 
(b) Exigent Circumstances.   
 
 If the plaintiff or plaintiff’s attorney certifies by affidavit or declaration 
pursuant to 28 U.S.C. § 1746 submitted to the Clerk that exigent circumstances 
make review impracticable and sets forth in detail the facts that establish the 
exigent circumstances, the Clerk shall issue a summons and warrant of arrest or 
process of attachment and garnishment.  
 
(c) Personal Appearance.  
 
 Unless otherwise required by the judicial officer, the review by the judicial 
officer will not require the presence of the applicant or the applicant’s attorney but 
shall be based upon the pleadings and other documents submitted on behalf of that 
party. 
 
(d) Order.  
 
 Upon approving the application for arrest, attachment or garnishment, the 
judicial officer will issue an order to the Clerk authorizing the Clerk to issue an 
order for arrest, attachment, or garnishment.  The proposed form of order 
authorizing the arrest, attachment, or garnishment, and the order for arrest, 
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attachment, or garnishment shall be submitted with the other documents for 
review. 
 
(e) Request for Review.  
 
 Except in case of exigent circumstances, application for review shall be 
made by filing a Notice of Request for Review In Accordance With Supplemental 
Rule B or C with the Clerk and stating therein the process sought and any time 
requirements within which the request must be reviewed.  The Clerk shall contact 
the judicial officer to whom the matter is assigned (or if that officer is not 
available, another judicial officer) to arrange for the necessary review.  It will be 
the duty of the applicant to ensure that the application has been reviewed and, upon 
approval, presented to the Clerk for issuance of the appropriate order. 
 
E.5 (83-E.3) PROCESS HELD IN ABEYANCE 
 
 If a party does not wish the process to be issued at the time of filing the 
action, the party shall request that issuance of process be held in abeyance.  It will 
not be the responsibility of the Clerk or the Marshal to ensure that process is issued 
at a later date. 
 
E.6 (83-C.3) SERVICE BY MARSHAL REQUIRED 
 
 Only a Marshal shall serve a warrant of arrest or process of maritime 
attachment or garnishment on a vessel, cargo or other tangible property.  Upon 
completion of service, the Marshal shall file proof thereof in the appropriate form. 
 
E.7 (83) INSTRUCTIONS TO THE MARSHAL 
 
 The party who requests a warrant of arrest or process of attachment or 
garnishment shall provide instructions to the Marshal. 
 
E.8 (83) 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. 
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 LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA   
 
E.9 (83-E.2) 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 $500.00.  The party so ordered shall post the security 
within seven (7) 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. 
 
E.10 (83-E.4) ADVERSARY HEARING 
 
 Upon application of any interested party, the adversary hearing following 
arrest or attachment or garnishment under Supplemental Rule E(4)(f) shall be 
conducted promptly by a judicial officer.  The Court may order such notice as it 
deems appropriate.   
 
E.11 (83) APPRAISAL 
 
 An order for appraisal of property so that security may be given or altered 
will be entered by the Clerk at the request of any interested party.  If the parties do 
not agree in writing upon an appraiser, a judicial officer will appoint the appraiser.  
The appraiser shall be sworn to the faithful and impartial discharge of the 
appraiser’s duties before any federal or state officer authorized by law to 
administer oaths.  The appraiser shall give twenty-four (24) hours notice of the 
time and place of making the appraisal to counsel of record.  The appraiser shall 
promptly file the appraisal with the Clerk and serve it upon counsel of record.  The 
appraiser’s fee will be paid by the moving party, unless otherwise ordered or 
agreed but it is a taxable cost of the action. 
 
E.12 (83) SECURITY DEPOSIT FOR ARREST OR ATTACHMENT OF 
VESSELS 
 
 The first party who seeks arrest or attachment of a vessel or property aboard 
a vessel shall deposit with the Marshal the sum estimated by the Marshal to be 
sufficient to cover the expenses of the Marshal including, but not limited to, 
dockage, keepers, maintenance, and insurance for at least fourteen (14) days. The 
Marshal is not required to execute process until the deposit is made.  The party 
shall advance additional sums from time to time as directed by the Marshal to 
cover the Marshal’s estimated expenses until the property is released or disposed 
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 LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA   
 
of as provided in Supplemental Rule E.  A party who fails to advance such 
additional sums may not participate further in the proceedings except by order of 
the Court.   The Marshal may, upon notice to all parties, petition the Court for an 
order to release the vessel if additional sums are not advanced within seven (7) 
days after the request, or seek such other appropriate relief as the Court deems 
proper. 
 
E.13 (83) INTERVENOR’S CLAIMS 
 
(a) Presentation of Claim.2 
 
 When a vessel or other property has been arrested, attached, or garnished, 
and is in the hands of the Marshal or substitute custodian, anyone having a claim 
against the vessel or property is required to present the claim by filing an 
intervening complaint and obtaining a warrant of arrest or process of maritime 
attachment and garnishment, and not by filing an original complaint, unless 
otherwise ordered by a judicial officer.  The intervening party shall file a Notice of 
Request for Review pursuant to Local Admiralty Rule E.4(e).  Upon obtaining 
judicial approval for issuance of process, the intervening party shall forthwith 
deliver a conformed copy of the complaint in intervention and the intervenor’s 
warrant of arrest or process of attachment or garnishment to the Marshal, who shall 
deliver the same 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. 
 
(b) Sharing Marshal’s Fees and Expenses.  
 
 An intervenor shall owe a debt 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 fees and expenses in 
proportion to the remaining claims and for the duration of the Marshal’s custody 
because of each claim. 
 
                                           
2 L.A.R. E.13(a) amended, effective 12/1/2018. 
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E.14 (83) CUSTODY OF PROPERTY 
 
(a) Safekeeping of Property.  
 
 When a vessel, cargo 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.  The custodian shall 
have liability of not less than $10,000.00.  Notice of the application to appoint a 
substitute custodian must be given to all parties and the Marshal.  The application 
must show the name of the proposed substitute custodian, the location of the vessel 
during the period of custody, and the proposed insurance coverage. 
 
(b) Insurance.  
 
 The Marshal may procure insurance to protect the Marshal, his deputies, 
keepers, and substitute custodians, from liabilities assumed in arresting and 
holding the vessel, cargo, or other property, and in performing whatever services 
may be undertaken to protect the vessel, cargo, or other property and to maintain 
the Court’s custody.  The party applying for removal of the vessel, cargo or other 
property to another location, for designation of a substitute custodian, or for other 
relief that will require an additional premium, shall reimburse the Marshal therefor.  
The premiums charged for the liability insurance are taxable as administrative 
costs while the vessel, cargo, or other property is in the custody of the Court. 
 
(c) Vessel Operations.  
 
 Following arrest or attachment of a vessel, no cargo handling, repairs, or 
movement may be made without an order of Court.  The applicant for such an 
order shall give notice to the Marshal and to all parties of record.  Upon proof of 
adequate insurance coverage of the applicant to indemnify any liability of the 
Marshal, the Court may direct the Marshal to permit cargo handling, repairs, 
movement of the vessel, or other operations.  Before or after the Marshal has taken 
custody of a vessel, cargo or other property, any party of record may move for an 
order to dispense with keepers or to remove or place the vessel, cargo, or other 
property at a specified facility, to designate a substitute custodian, or for similar 
relief.  Notice of the motion shall be given to the Marshal and to all parties of 
record.  The judicial officer will require that adequate insurance on the property 
will be maintained by the successor to the Marshal, before issuing the order to 
change arrangements. 
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(d) Claims by Suppliers for Payment of Charges.3  
 
 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 file an invoice with the Clerk in the 
form of a verified claim at any time before the vessel, cargo, or other property is 
released or sold.  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 may schedule a single hearing for all 
claims. 
 
E.15 (83-E.9) SALE OF PROPERTY 
 
(a) Notice.  
 
 Notice of sales of arrested or attached property shall be published in one or 
more newspapers to be specified in the order for sale.  Unless otherwise ordered by 
a judge upon a showing of urgency or impracticality or unless otherwise provided 
by law, such notice shall be published for at least seven (7) days before the date of 
sale. 
 
(b) Payment of Bid.  
 
 Unless otherwise provided in the order, in all public auction sales by the 
Marshal under orders of sale in admiralty and maritime claims, the Marshal shall 
require of the last and highest bidder at the sale a minimum deposit in cash, 
certified check or cashier’s check, of the full purchase price if it does not exceed 
$500 and otherwise $500 or ten percent (10%) of the bid, whichever is greater.  
The balance, if any, of the purchase price shall be paid in cash, certified check or 
cashier's check before confirmation of the sale or within seven (7) days of the 
dismissal of any opposition which may have been filed, exclusive of Saturdays, 
Sundays and legal holidays.  Notwithstanding the above, a plaintiff or intervening 
plaintiff foreclosing a properly recorded and endorsed preferred mortgage on, or 
other valid security interest in the vessel may bid, without payment of cash, 
certified check or cashier’s check, up to the total amount of the secured 
indebtedness as established by affidavit filed and served by that party on all other 
parties not later than fourteen (14) days prior to the date of sale. 
 
                                           
3 L.A.R. E.14(d) amended, effective 12/1/2018. 
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(c) Report and Confirmation.  
 
 At the conclusion of the sale, the Marshal shall forthwith file a written report 
to the Court setting forth the notice given; the fact of sale; the date of the sale; the 
names, addresses, and bid amounts of the bidders; the price obtained; and any other 
pertinent information.  The Clerk of the Court shall endorse upon such report the 
time and date of its filing.  If within seven (7) days, no written objection is filed, 
the sale shall stand confirmed as of course, without the necessity of any affirmative 
action thereon by the Court and the Clerk upon request shall so state to the Marshal 
in writing; except that no sale shall stand confirmed until the buyer has complied 
fully with the terms of his purchase.  If no opposition to the sale is filed, the 
expenses of keeping the property pending confirmation of sale shall be charged 
against the party bearing expenses before the sale (subject to taxation as costs), 
except that if confirmation is delayed by the purchaser’s failure to pay any balance 
which is due on the price, the cost of keeping the property subsequent to the seven 
(7) day period hereinabove specified shall be borne by the purchaser. 
 
(d) Penalty for Late Payment of Balance.  
 
 A successful bidder who fails to pay the balance of the bid within the time 
allowed under these rules or a different time specified by the Court shall also pay 
the Marshal the costs of keeping the property up to the date the bidder pays the 
balance and takes delivery of the property.  Unless otherwise ordered by the Court, 
the Marshal shall refuse to release the property until this additional charge is paid. 
 
(e) Penalty for Default in Payment of Balance.  
 
 A successful bidder who fails to pay the balance of the bid within the time 
allowed is in default and the Court may at any time thereafter order a sale to the 
second highest bidder or order a new sale as appropriate.  Any sum deposited by 
the bidder in default shall be applied to pay any additional costs incurred by the 
Marshal by reason of the default, including costs incident to resale.  The balance of 
the deposit, if any, shall be retained in the registry subject to further order of the 
Court, and the Court shall be given written notice of its existence whenever the 
registry deposits are reviewed. 
 
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(f) Opposition to Sale.4 
 
 A party filing an opposition to the sale, whether seeking the reception of a 
higher bid or a new public sale by the Marshal, shall give prompt notice to all other 
parties and to the purchaser.  Such party shall also, prior to filing an opposition, 
secure the Marshal’s endorsement upon it acknowledging deposit with the Marshal 
of the necessary expense of keeping the property for at least seven (7) days.  
Pending the Court’s determination of the opposition, such party shall also advance 
any further expense at such times and in such amounts as the Marshal shall request, 
or as the Court orders upon application of the Marshal or the opposing party. Such 
expense may later be subject to taxation as costs.  In the event of failure to make 
such advance, the opposition shall fail without necessity for affirmative action 
thereon by the Court.  If the opposition fails, the expense of keeping the property 
during the pendency of the opposition shall be borne by the party filing the 
opposition. 
 
(g) Disposition of Deposits. 
 
(i) 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. 
 
(ii) 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. 
 
                                           
4 L.A.R. E.15(f) amended, effective 12/1/2018. 
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 LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA   
 
RULE F (RF-F) - LIMITATION OF LIABILITY 
 
F.1 (83-F.1) SECURITY FOR COSTS 
 
 The amount of security for costs under Supplemental Rule F(1) shall be 
$1,000 unless otherwise ordered and it may be combined with the security for 
value and interest. 
 
F.2 (83) ORDER OF PROOF AT TRIAL 
 
 Where the vessel interests seeking statutory limitation of liability have raised 
the statutory defense by way of answer or complaint, the plaintiff in the former or 
the damage claimant in the latter shall proceed with its proof first, as is normal at 
civil trials. 
 
RULE G (83, RG-G) – MISCELLANEOUS 
 
G.1 (83) DESERTING SEAMEN CASES 
 
(a) Service.  
 
 Upon filing a verified petition for return of wages deposited in the registry of 
the Court pursuant to the provisions of 46 U.S.C. § 11505, a copy of the petition 
shall be served forthwith on the United States Attorney and a copy mailed to the 
Attorney General of the United States, after which a sworn return of such service 
and mailing shall be filed. 
 
(b) Time to Plead.  
 
 The United States has twenty-one (21) days after receipt of a copy of the 
petition by the United States Attorney in which to file its responsive pleading and 
claim. 
 
G.2 (83) RATE OF PREJUDGMENT INTEREST ALLOWED 
 
 Unless a judge directs otherwise or as provided by statute, prejudgment 
interest shall be awarded at the rate authorized in 28 U.S.C. § 1961, providing for 
interest on judgments. 
 
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 LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA   
 
G.3 (83) ASSIGNMENT OF ACTIONS 
 
 If the judge to whom a case under the Local Admiralty Rules has been 
assigned is not readily available, any matter pertaining to arrest, attachment, 
garnishment, security or release may be presented to any other judicial officer in 
the district without reassigning the case. 
 
   
END OF CHAPTER II - 
RULES FOR ADMIRALTY AND MARITIME CLAIMS 
AND ASSET FORFEITURE ACTIONS 
 
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