Ship Lawyer Admiralty Court Procedures 1

Question 1

What is a 'Rule B attachment' in federal admiralty practice?

Accepted Answer

A process to attach a defendant's property when the defendant cannot be found in the district

Answer

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?

Accepted Answer

File a verified complaint and obtain a warrant of arrest from the court clerk

Answer

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?

Accepted Answer

The vessel is in the custody of the court and the marshal

Answer

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?

Accepted Answer

All claims are stayed and channeled into the federal limitation court

Answer

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?

Accepted Answer

6 months

Answer

A shipowner must file a limitation petition within 6 months of receiving written notice of a claim, or risk losing the right to limitation.

Ship Lawyer Practice Test

Ship Lawyer Practice Test

Ship Lawyer Admiralty Court Procedures 1