IN REM VESSEL ARREST MOTION

Supplemental Rule C

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IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

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[________________________________],
Plaintiff,

v. Civil Action No. [________________]
IN ADMIRALTY
IN REM

THE VESSEL M/V [________________________________],
her engines, boilers, tackle, apparel,
furniture, equipment, cargo, and freight,
in rem,
Defendant.

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VERIFIED COMPLAINT IN REM AND

MOTION FOR WARRANT OF ARREST

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Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, files this Verified Complaint in rem against the Defendant vessel and moves for issuance of a Warrant of Arrest pursuant to Supplemental Rule C for Admiralty or Maritime Claims, stating as follows:

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I. NATURE OF THE ACTION

1. This is an action in rem to enforce a maritime lien against the vessel M/V [________________________________] (the "Vessel"), her engines, boilers, tackle, apparel, furniture, equipment, cargo, and freight.

2. Plaintiff invokes the admiralty and maritime jurisdiction of this Court and proceeds in rem pursuant to Supplemental Rules C and E.

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II. ADMIRALTY JURISDICTION

3. This Court has original and exclusive jurisdiction over this in rem action pursuant to 28 U.S.C. § 1333(1).

4. Maritime liens and their enforcement through in rem proceedings lie exclusively within the admiralty jurisdiction of the federal courts.

5. Venue is proper in this District because the Vessel is located, or is expected to be located, within this District. Supplemental Rule C(2).

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III. THE DEFENDANT VESSEL

6. The Defendant in this action is the vessel M/V [________________________________], described as follows:

Specification	Details
Vessel Name	[________________________________]
Official/Registration Number	[________________]
IMO Number	[________________]
Flag State	[________________________________]
Port of Registry	[________________________________]
Type of Vessel	[________________________________]
Gross Tonnage	[________________]
Net Tonnage	[________________]
Length Overall	[________________]
Beam	[________________]
Year Built	[____]
Builder	[________________________________]
Hull Material	[________________________________]
Main Engine	[________________________________]
Classification Society	[________________________________]
Call Sign	[________________]
MMSI Number	[________________]

7. The current location of the Vessel is:

[________________________________]
[________________________________]

8. The Vessel is currently [☐ moored] [☐ anchored] [☐ at dock] [☐ expected to arrive on __/__/____].

9. The registered owner of the Vessel is believed to be:

Name: [________________________________]
Address: [________________________________]
[________________________________]

10. Other persons known or believed to have an interest in the Vessel include:

Party	Interest	Address
[________________________________]	[☐ Owner ☐ Mortgagee ☐ Charterer ☐ Other]	[________________________________]
[________________________________]	[☐ Owner ☐ Mortgagee ☐ Charterer ☐ Other]	[________________________________]

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IV. THE MARITIME LIEN

A. Type of Maritime Lien

11. Plaintiff has a maritime lien against the Vessel arising from:

☐ Seamen's Wages - Plaintiff performed services as a crew member aboard the Vessel and is owed wages in the amount of $[________________].

☐ Maritime Tort (Personal Injury/Death) - Plaintiff suffered personal injuries aboard or caused by the Vessel on [__/__/____].

☐ Maritime Tort (Property Damage) - Plaintiff's property was damaged by the Vessel on [__/__/____].

☐ Collision/Allision - On [__/__/____], the Vessel [☐ collided with Plaintiff's vessel] [☐ allided with Plaintiff's property].

☐ Salvage - Plaintiff rendered salvage services to the Vessel on [__/__/____].

☐ General Average - Plaintiff is owed a general average contribution arising from a general average act on [__/__/____].

☐ Necessaries (46 U.S.C. § 31342) - Plaintiff supplied necessaries to the Vessel as follows:

[________________________________]

☐ Preferred Ship Mortgage - Plaintiff holds a preferred ship mortgage recorded on [__/__/____].

☐ Other: [________________________________]

B. Basis of the Lien

12. The maritime lien arose as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

13. The services were provided, the injuries occurred, or the obligation arose on or about [__/__/____] through [__/__/____].

14. [If necessaries] The necessaries were provided on the order of [________________________________], who was at that time the [☐ owner] [☐ master] [☐ person entrusted with the management of the Vessel] and had authority to bind the Vessel pursuant to 46 U.S.C. § 31341.

C. Amount of the Lien

15. The amount of Plaintiff's maritime lien claim is:

Item	Amount
Principal amount due	$[________________]
Interest (at ____% per annum)	$[________________]
Attorneys' fees (if recoverable)	$[________________]
Costs	$[________________]
TOTAL LIEN AMOUNT	$[________________]

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V. THE MARITIME LIEN EXISTS AND IS ENFORCEABLE

16. Under general maritime law and applicable statutes, Plaintiff's claim gives rise to a maritime lien against the Vessel.

17. The maritime lien attached to the Vessel at the moment the services were provided, the tort occurred, or the obligation arose.

18. A maritime lien is a privileged claim against the Vessel itself and exists without regard to possession.

19. The maritime lien follows the Vessel into the hands of subsequent purchasers.

20. The maritime lien has not been discharged, waived, or extinguished by:

☐ Payment
☐ Laches
☐ Delay in enforcement
☐ Change of ownership
☐ [Other]

21. [If laches might be an issue] Plaintiff's claim is not barred by laches because [________________________________].

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VI. COMPLIANCE WITH SUPPLEMENTAL RULE C

22. This Verified Complaint satisfies the requirements of Supplemental Rule C(2) because it:

a. States the circumstances giving rise to the maritime lien (¶¶ 11-14);

b. Identifies the property to be arrested (¶¶ 6-8);

c. Is verified (see Verification below); and

d. States that the property is within the district or will be during the pendency of the action (¶¶ 7-8).

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VII. MOTION FOR WARRANT OF ARREST

23. Pursuant to Supplemental Rule C(3), Plaintiff moves this Court to review this Verified Complaint and, finding the conditions of Rule C exist, issue a Warrant for the Arrest of the Defendant Vessel.

24. A proposed Warrant of Arrest is attached hereto.

25. Upon issuance of the Warrant, the United States Marshal should be directed to:

a. Arrest and take into custody the Defendant Vessel;

b. Retain custody of the Vessel until further order of this Court;

c. Give notice to all persons claiming an interest in the Vessel;

d. [________________________________].

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VIII. REQUEST FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN (Optional)

26. ☐ Plaintiff requests that, pursuant to Supplemental Rule E(4)(b), the Court appoint [________________________________] as substitute custodian of the Vessel upon arrest.

27. ☐ Plaintiff does not request a substitute custodian at this time; the U.S. Marshal should retain custody.

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IX. SECURITY TO BE POSTED BY PLAINTIFF

28. Plaintiff [☐ will post] [☐ requests waiver of] process costs and security pursuant to Supplemental Rule E(2)(b) and Local Admiralty Rule [____].

29. [If posting security] Plaintiff will post security in the amount of $[________________] to cover:

☐ Marshal's fees and expenses
☐ Custodia legis expenses (maintenance, wharfage, etc.)
☐ Potential wrongful arrest liability

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X. COMPLIANCE WITH LOCAL ADMIRALTY RULES

30. Plaintiff has reviewed the Local Admiralty Rules of this District and certifies compliance with all applicable requirements, including:

☐ [________________________________]
☐ [________________________________]

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XI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Find that the conditions of Supplemental Rule C exist;

B. Issue a Warrant for the Arrest of the Defendant Vessel M/V [________________________________], her engines, boilers, tackle, apparel, furniture, equipment, cargo, and freight;

C. Direct the United States Marshal to arrest and take custody of the Vessel;

D. [If requested] Appoint [________________________________] as substitute custodian;

E. Direct the Clerk to give notice to all persons claiming an interest in the Vessel;

F. Adjudge and decree that Plaintiff has a valid and subsisting maritime lien against the Vessel;

G. Enter judgment in favor of Plaintiff in the amount of $[________________], plus interest, attorneys' fees, and costs;

H. Order that the Vessel be sold by the United States Marshal, free and clear of all liens and encumbrances, if judgment is not satisfied and adequate security is not posted;

I. Distribute the proceeds of sale in accordance with maritime lien priorities; and

J. Grant such other and further relief as the Court deems just and proper.

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Respectfully submitted,

[________________________________]
Attorney for Plaintiff
Bar No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

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VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and state:

1. I am the [☐ Plaintiff] [☐ an authorized representative of Plaintiff] [☐ counsel for Plaintiff, duly authorized to verify this Complaint] in this action.

2. I have read the foregoing Verified Complaint and Motion for Warrant of Arrest and know the contents thereof.

3. The statements contained herein are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

4. The Defendant Vessel M/V [________________________________] is located within this District at [________________________________], or is expected to be found within this District during the pendency of this action.

5. Plaintiff has a maritime lien against the Vessel as described in this Complaint.

______________________________________
[Affiant's Signature]

Print Name: [________________________________]
Title: [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public
My Commission Expires: [__/__/____]

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WARRANT OF ARREST (Proposed)

UNITED STATES DISTRICT COURT

[________________________________] DISTRICT OF [________________________________]

[________________________________], Plaintiff

v. Civil Action No. [________________]

THE VESSEL M/V [________________________________],
her engines, boilers, tackle, apparel,
furniture, equipment, cargo, and freight, in rem, Defendant

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WARRANT FOR ARREST OF VESSEL IN REM

TO: THE UNITED STATES MARSHAL FOR THE [________________________________] DISTRICT OF [________________________________]

WHEREAS, Plaintiff [________________________________] has filed a Verified Complaint in rem against the Defendant Vessel, alleging a maritime lien in the amount of $[________________]; and

WHEREAS, this Court has reviewed the Verified Complaint and finds that the requirements of Supplemental Rule C have been satisfied;

NOW, THEREFORE, you are hereby commanded to arrest the Defendant vessel M/V [________________________________], Official Number [________________], her engines, boilers, tackle, apparel, furniture, equipment, cargo, and freight, wherever found within this District, and to retain the same in your custody, subject to the further orders of this Court.

You are further commanded to give notice of this arrest to all persons claiming an interest in the Defendant Vessel, and to make due return of this Warrant.

WITNESS the Honorable [________________________________], United States District Judge, and the seal of this Court, this [____] day of [________________], 20[____].

______________________________________
Clerk of Court

By: ______________________________________
Deputy Clerk

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[PROPOSED] ORDER DIRECTING ISSUANCE OF WARRANT OF ARREST

Upon consideration of Plaintiff's Verified Complaint in rem and Motion for Warrant of Arrest, and the Court finding that the conditions of Supplemental Rule C exist, it is hereby:

ORDERED that the Clerk shall issue a Warrant for the Arrest of the Defendant Vessel M/V [________________________________], her engines, boilers, tackle, apparel, furniture, equipment, cargo, and freight; and it is further

ORDERED that the United States Marshal shall arrest and take custody of the Defendant Vessel and retain custody until further order of this Court; and it is further

ORDERED that the Clerk shall give notice of this arrest by [☐ publication in ________________] [☐ such other means as appropriate]; and it is further

ORDERED that any person claiming an interest in the Defendant Vessel may file a claim pursuant to Supplemental Rule C(6) and may move for release of the Vessel upon posting of adequate security pursuant to Supplemental Rule E(5).

SO ORDERED this [____] day of [________________], 20[____].

______________________________________
United States District Judge

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PRACTICE NOTES

When to Use Rule C (In Rem) vs. Rule B (Attachment):
- Rule C: When you have a maritime lien against specific property
- Rule B: When you have a maritime claim against a defendant who cannot be found in the district

Maritime Liens that Support Arrest:
1. Seamen's wages
2. Salvage
3. General average
4. Tort (collision, personal injury)
5. Preferred ship mortgage
6. Necessaries (fuel, repairs, supplies, etc.)
7. Pilotage
8. Towage

Wrongful Arrest:
- Standard: Bad faith, malice, or gross negligence
- Claimant must post security to protect against wrongful arrest
- Damages may include attorneys' fees and vessel expenses

Post-Arrest Procedures:
- Claimant may file a claim under Rule C(6)
- Vessel may be released upon posting security under Rule E(5)
- Interested parties may request prompt hearing under Rule E(4)(f)

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SOURCES AND REFERENCES

• Supplemental Rule C: https://www.law.cornell.edu/rules/frcp/rule_C
• Supplemental Rule E: https://www.law.cornell.edu/rules/frcp/rule_E
• U.S. Marshals - Admiralty: https://www.usmarshals.gov/what-we-do/service-of-process/civil-process/admiralty
• Blank Rome - Maritime Liens and Arrests: https://www.blankrome.com/publications/maritime-law-primer-maritime-liens-and-arrests-under-us-law