Ship Lawyer Admiralty Court Procedures 2

Question 1

What is the 'interlocutory sale' of an arrested vessel, and when is it ordered?

Accepted Answer

A court-ordered sale before final judgment when the vessel is deteriorating or costs are accruing

Answer

An interlocutory sale is a court-ordered sale of an arrested vessel before the case is fully resolved, typically when the vessel is deteriorating, expensive to maintain, or the owner cannot post security.

Question 2

In admiralty practice, what does 'security for costs' typically require?

Accepted Answer

A plaintiff may be required to post a bond to cover potential costs if the case is lost

Answer

In admiralty proceedings, courts may require a plaintiff — especially a foreign party — to post security for costs to protect the defendant against potential cost awards.

Question 3

How does a maritime claimant release an arrested vessel from custody?

Accepted Answer

By posting a bond or other security equal to the claim amount, plus costs and interest

Answer

An arrested vessel is released when the vessel owner posts a bond (security) in an amount sufficient to cover the claim, interest, and costs, substituting the security for the vessel.

Question 4

What is a 'maritime attachment and garnishment' under Supplemental Rule B used to accomplish?

Accepted Answer

Attach a defendant's property located in the district to obtain jurisdiction and secure potential judgment

Answer

Rule B attachment is used to seize property of an absent defendant to obtain quasi in rem jurisdiction and provide security for a potential judgment on the maritime claim.

Question 5

In what circumstance may a state court hear a maritime case instead of a federal admiralty court?

Accepted Answer

When the plaintiff invokes the Saving to Suitors clause and pursues a common law remedy

Answer

The Saving to Suitors clause in 28 U.S.C. § 1333 preserves the right to pursue maritime claims in state courts when the plaintiff seeks a common law remedy.

Ship Lawyer Practice Test

Ship Lawyer Practice Test

Ship Lawyer Admiralty Court Procedures 2