Ship Lawyer Admiralty Court Procedures 1 — Questions and Answers
Question 1: What is a 'Rule B attachment' in federal admiralty practice?
- A process to attach a defendant's property when the defendant cannot be found in the district (Correct answer)
- A rule for filing admiralty complaints
- A discovery tool for maritime cases
- A method to arrest a foreign vessel
Correct answer: A process to attach a defendant's property when the defendant cannot be found in the district
Rule B of the Supplemental Admiralty Rules allows a plaintiff to attach a defendant's tangible or intangible property located in the district when the defendant cannot be found there.
Question 2: Under Rule C of the Supplemental Rules for Admiralty, what is the proper procedure to arrest a vessel?
- File a verified complaint and obtain a warrant of arrest from the court clerk (Correct answer)
- File a motion and wait for a judicial hearing
- Notify the vessel's captain and request voluntary surrender
- File an emergency injunction
Correct answer: File a verified complaint and obtain a warrant of arrest from the court clerk
Under Rule C, a vessel arrest begins with filing a verified complaint asserting a maritime lien, followed by issuance of a warrant of arrest by the court clerk.
Question 3: What is 'custodia legis' in the context of an arrested vessel?
- The vessel is in the custody of the court and the marshal (Correct answer)
- The ship's captain retains control
- The plaintiff's attorney controls the vessel
- The port authority holds the vessel
Correct answer: The vessel is in the custody of the court and the marshal
When a vessel is arrested under Rule C, it comes into custodia legis — the custody of the law — under the supervision of the U.S. Marshal's Service.
Question 4: In a limitation of liability proceeding under the Limitation Act, what happens to all other pending claims against the shipowner?
- All claims are stayed and channeled into the federal limitation court (Correct answer)
- Claims continue in their original courts
- Claimants must file in state court
- Claims are dismissed without prejudice
Correct answer: All claims are stayed and channeled into the federal limitation court
When a shipowner files a limitation of liability petition, the federal court issues a monition requiring all claimants to file in the limitation proceeding, and all other actions are stayed.
Question 5: What is the time limit within which a shipowner must file a Limitation of Liability Act petition after receiving written notice of a claim?
- 6 months (Correct answer)
- 1 year
- 3 months
- 30 days
Correct answer: 6 months
A shipowner must file a limitation petition within 6 months of receiving written notice of a claim, or risk losing the right to limitation.
Question 6: What is a 'substitute custodian' arrangement in the context of an arrested vessel?
- A party who agrees to maintain and care for the vessel in place of the U.S. Marshal (Correct answer)
- A court-appointed receiver
- A coast guard officer
- The vessel's original captain
Correct answer: A party who agrees to maintain and care for the vessel in place of the U.S. Marshal
A substitute custodian, typically a marina or maritime company, is appointed by the court to maintain the arrested vessel instead of the U.S. Marshal, often at lower cost.
Ship Lawyer Admiralty Court Procedures 1
What is a 'Rule B attachment' in federal admiralty practice?